IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.872 of 2008 ASHOK KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 10.4.2009 The petitioner, who is the informant, has filed the instant revision application against the judgment of acquittal passed by the trial court in G.R.No.2930 of 2001, Trial No.1419 of 2008 whereby he acquitted the Opposite party under sections 341, 323, 504/34 of the Penal Code. Against the aforesaid judgment, the petitioner instead of filing revision application has filed an appeal before the Sessions Judge, Patna bearing Cr. Appeal No.143 of 2008. However, the aforesaid appeal was entertained and dismissed on the ground of delay in filing the same. It is relevant to point out here that the appeal at the instance of the informant is not provided under the Code. It is the State only who can prefer such appeal under section 378(1) Cr.P.C. This court permitted the counsel to address the instant case on merit. It appears that the trial court has discussed the evidence of all eight prosecution witnesses. P.Ws 6 and 8 in their depositions had stated that it was this petitioner who had forcibly occupied the Panchyat Bhawan and even after lot of persuasion he was not willing to remove his straw from the premises. In view of such depositions of the prosecution witnesses, the learned trial court did not commit any illegality in acquitting the accused persons of the charge under sections 341, 323, 504/34 of the Penal Code. Further more, there does - 2 - KHAN not seem any illegality in the impugned order of the trial court and as such this revision application is dismissed. (S.P.Singh,J)