SURESH KUMAR RAMANI Vs. VANI BARDIYA

JUDGEMENT

(1.) The applicant has filed the aforesaid criminal revision being aggrieved by the order dtd. 30/10/2019 passed in Criminal Appeal Nos. 447/2019 and 446/2019 by the learned XII Additional Sessions Judge, Raipur (C.G.), whereby the order dtd. 28/5/2019 passed by the Judicial Magistrate First Class, Raipur (C.G.), in Criminal (Complaint) Case No.3031/2017 and 3035/2017, has been set aside and remitted the matter back to the Judicial Magistrate First Class, Raipur, for fresh adjudication of the case.

(2.) Learned counsel for the applicants submits that the impugned order is illegal, arbitrary and against the legal principle of law. The impugned order passed by the learned Appellate Court is patently illegal because the learned Sessions Judge has no jurisdiction to entertain and hear the appeal and to set aside the order of acquittal passed by the learned Judicial Magistrate First Class. The jurisdiction to entertain and dispose of appeal under Sec. 378 (4) of Cr.P.C. only rests with the High Court.

(3.) Learned counsel for the respondent supporting the impugned order submits that in case if the revision is allowed, the respondents may be given liberty to file appropriate petition before this Court under Sec. 378 (4) of Cr.P.C.