S SHANKAR Vs. MANJU ALIAS THRILLER MANJU

JUDGEMENT

(1.) SRI M.J.Alva, learned counsel appearing for the respondent submitted that in view of the order dated 1.4.2010 passed in Crl.A.No.173/2009 by a Division Bench, not approving the order passed in Crl.A.No.142/2009 by the learned Single Judge, holding that, the complainant has no right to file an appeal to the High Court against the order of acquittal passed by the Sessions Court and the remedy of the complainant is to file revision or invoke jurisdiction of the High Court, is not the correct view and that according to S.378(4) Cr.P.C. the complainant has right to file an appeal against the order of acquittal passed by the Sessions Court with leave of the High Court in that regard, these Criminal Revision Petitions filed by the original complainant questioning the order/s of acquittal passed by the learned Sessions Judge are not maintainable.

(2.) LEARNED counsel appearing for the petitioner submitted that these Criminal Revision Petitions have come into being after making a reference of the order passed in Crl.A.No.142/2009 on 3.6.2009, in that the Criminal Appeals filed by the petitioners were permitted to be converted into Criminal Revision Petitions and as such, these petitions are on board. Learned counsel submitted that in the circumstances, the matter should proceed as Criminal Revision Petitions only.