DHIRENDRA NATH MITRA Vs. MUKANDA LAL SEN

JUDGEMENT

(1.) Four persons, including the two appellants, were prosecuted at the instance of a private complainant for offences alleged by him to have been committed under Ss. 448, 427, 380, l68 and l14, I.P.C.

(2.) All four were acquitted by the learned trying Magistrate. The complainant applied in revision against the acquittals to the High Court. Chunder, J. issued rules against three of the accused but refused to issue one against the fourth. His acquittal therefore stood. Later, when the revision was heard, also by Chunder, J., he upheld the acquittal of one of the three accused against whom the rule was issued but set aside the acquittals of the other two and remanded the case for a retrial. Leave to appeal to this Court was granted by two other Judges of the Calcutta High Court.

(3.) The only question we have to consider is whether Chunder, J., observed and applied the law about setting aside acquittals in revision at the instance of a private party. There are three decisions in point, namely, - D. Stephens vs. Nosibolla', AIR 1951 SC l96; 'Logendranath Jha vs. Polailal Biswas', AIR 1951 SC 316 and - ' Harihar Chakravarty vs. State of West Bengal', AIR 1954 SC 266.