Gujarat High Court
CR.RA/160/2025 of JAGDISHBHAI PARTHIBHAI BAROT Vs STATE OF GUJARAT on 27 April 2026
27/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL) NO. 160 of 2025 ========================================================== JAGDISHBHAI PARTHIBHAI BAROT Versus STATE OF GUJARAT & ANR.
R/CR.RA/160/2025 ORDER DATED: 27/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL) NO. 160
of 2025
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JAGDISHBHAI PARTHIBHAI BAROT
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR HIMANSU M PADHYA(1611) for the Applicant(s) No. 1
MR PRANAV DHAGAT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 27/04/2026
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ORDER
1. The accused came to be acquitted by an order dated 23.07.2024 passed by the learned 6th Additional Chief Judicial Magistrate, Palanpur at Banaskantha for the offences under Sections 279, 304A, 337, 338 of the Indian Penal Code (for short, ‘I.P.C’) and Sections 177, 184, 134 of the Motor Vehicles Act.
2. Aggrieved by the said order of acquittal, the complainant – Jagdishbhai Parthibhai Barot filed a Criminal Appeal No.335 of 2024 before the learned 5th Additional Sessions Judge, Palanpur and the appellate Court while dismissing the appeal had affirmed the order passed by the learned 6th Additional Judicial Magistrate First Class, Palanpur at Banaskantha acquitting the accused. Aggrieved by the order, the complainant is in the revisional jurisdiction under Section 442
R/CR.RA/160/2025 ORDER DATED: 27/04/2026 read with Section 438 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short, ‘BNSS Act’).
3. Under Section 442 of the BNSS Act, the High Court’s power of revision has been notified. Sub-section (3) of Section 442 of the BNSS Act reads as under: “(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.”
4. Thus, Sub-section (3) of Section 442 of the BNSS Act restricts the revisional power of the High Court to convert a finding of the acquittal into conviction.
5. Hence, the present revision application against acquittal stands rejected. (GITA GOPI,J) PARMAR KRISH/47
Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 27/04/2026 17:26:24