BCH ELECTRIC LTD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Brief Holder for respondent No. 1.

(2.) BY means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 31.8.2009, passed by learned Addl. Sessions Judge/IV F.T.C., Dehradun, in Criminal Revision No. 148 of 2007, whereby the said court has dismissed the revision on the ground that the same is not maintainable.

(3.) BRIEF facts of the case are that respondents No. 2 to 5, namely Wali Mohd., Latif, Islam and Allauddin stood trial before Special Judicial Magistrate I, Dehradun, in Criminal Case No. 2521 of 2006, in respect of offences punishable under Section 420, 467, 468, 471 of I.P.C., police station Kotwali Dehradun. The Magistrate acquitted the accused of the charges vide his judgment and order dated 21.08.2007. Aggrieved by said judgment and order dated 21.08.2007, passed by Special Judicial Magistrate I, Dehradun, in Criminal Case No. 2521 of 2006, Criminal Revision No. 148 of 2007 is filed before the Sessions Judge, Dehradun, by the complainant namely M/s Bhartia Cutler Hammer Electric Ltd. (for brevity BCH Electric Ltd.). Learned Addl. Sessions Judge/IV F.T.C., before whom said revision was transferred for disposal, dismissed the revision on the ground that the order challenged, was appealable under Section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) as such, the revision cannot be maintained.