JANARDAN MALLAH AND CHANARDAN Vs. PASHUPATI RAI

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri M. D. Singh, learned counsel for the revisionist and learned A. G. A. None represented opposite party No. 1.

(2.) REVISIONIST, Janardan Mallah alias Chanardan was prosecuted for offences under Sections 452, 323, 504 and 506, I. P. C. and was acquitted by the trial Magistrate. Complainant, Pashupati Rai filed Criminal Revision No. 133 of 1984 against the judgment and order of acquittal before Sessions Judge, Ghazipur, which was transferred to the IV Addl. Sessions Judge, Ghazipur. The Addl. Sessions Judge, Ghazipur, allowed the revision vide judgment and order dated 28-7-84 setting aside the judgment and order of the trial Court, acquitting the revisionist and remanded the case to the Chief Judicial Magistrate for decision afresh in accordance with law. The order of the revisional court has been challenged in this revision.

(3.) IN view of the amendment in the Code of Criminal Procedure in the year 1973 the Sessions Judge has been empowered to exercise the powers which may be exercised by the High Court. IN this view of the matter the contention of the learned counsel for the revisionist cannot be upheld.