RAMAKRISHNAN Vs. STATE REP. BY SUB INSPECTOR

JUDGEMENT

(1.) RAMAKRISHNAN , the petitioner herein lodged a complaint with the police, the first respondent herein against the other respondents 2 to 5 for offences under Sections 342 and 323 and 324 I.P.C. The police filed a charge -sheet against them in C.C. No. 79 of 1996 on the file of the Judicial Magistrate, Kodaikanal.

(2.) THE trial Court, after trial; acquitted the respondents 2 to 5 by its judgment dated 20 -11 -1997. On aggrieved by the said judgment of acquittal, as the State had not filed any appeal against the said judgment, the petitioner/the first informant filed a revision before the Sessions Court, Dindigul in Crl. R.C. No.1 of 1998.

(3.) THE Sessions Court, without considering the case on merits dismissed the revision upholding the objection raised by the respondents/accused holding that the High Court alone has got powers to entertain the revision against acquittal under Section 401 Cr. P.C., in the light of the view expressed by the Supreme Court in Chinnasamy v. State of Andhra Pradesh1. The said order of the Sessions Court dismissing the revision on maintainability is the subject matter of challenge before this Court in this petition filed under Section 482 Cr. P.C.