MUDKAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision one under Section 397 read with Section 401 of the code of Criminal Procedurs (the Code) is directed against the judgment and order dated 9-4-1984 passed by the Addl. J.M. F.C., Koppal, in C.C. No. 470/82 adquitting the 2nd respondent accused, of the offences under Section 323 I.P.C. and Section 7 (1) (d) of the Protection of Civil Rights Act, 1955 (for short 'the Act',).

(2.) The matter arises in this way : The petitioner (who will be reffered to as the complainant) filed a complaint before C.P.I., Koppal against the 2nd respondent (who will be referred to as the accused) alleging that the accused had committed offences under Section 323 I.P.C. and Section 7 (1) (d) of the Act. The C.P.I., after investigation, placed a charge sheet against the accused for the above said offences. The case was taken on file by the J.M.F.C., Koppal, in C.C. No. 128/82. The case was then transferred to the Addl. J.M.F.C., Koppal, in which Court the case was renumbered as C.C.No. 470/82. The trial Magistrate, after conducting the trial, acquitted the accused as per his judgement and order dated 9-4-1984. The complainant, being aggrieved by the order of the trial Magistrate, has filed this revision not only assailing the acquittal of the accused, but also to expunge the remarks made by the trial-court against the complainant contained in,para-36 of the judgment.

(3.) Heard Sri Farooq, the learned Counsel for the complainant and Sri Kuranga, the learned Addl. State P.P. for the 1st respondent State.