DAULA Vs. ALEY NAIR

JUDGEMENT

(1.) THIS revision is directed against an order dated 5-4- 1977 passed by Additional Sessions Judge Agra setting aside the order dated 8-10-1976 passed by Sub-Divisional Magistrate, Agra, acquitting the applicants in a case under Sections 392 and 506 IPC.

(2.) THE case against the applicants was started on a complaint filed by O. P. No. 1. THE case put forward by the opposite-party in the complaint Was that on 9-10-1975, at about 8 P.M., the applicants way-laid him, beat him and relieved him of a gold ring, a watch and Rs. 50/- in cash.

(3.) I have heard the learned counsel for the parties at sufficient length and have also perused the papers on record. There can be no doubt about the fact that the order passed by the Additional Sessions Judge in this case is wrong and without jurisdiction. Under the law as it stands no revision lay in the Court of Session against the order of acquittal passed by the Magistrate in this case. The case against the applicants had started on a complaint and, therefore, under Section 378 (4) CrPC O. P. No. 1 should have gone in appeal to the High Court. It is really surprising how the learned Additional Sessions Judge in the teeth of the provisions of Section 378 (4) CrPC entertained the revision against acquittal and decided it. The order passed by the Additional Sessions Judge is without jurisdiction and as such it cannot be allowed to stand.