LAWS(ALL)-1949-8-13

RAM GOPAL Vs. MADAN LAL

Decided On August 29, 1949
RAM GOPAL Appellant
V/S
MADAN LAL Respondents

JUDGEMENT

(1.) This application in revision is directed against an order of the learned Assistant Sessions Judge of Agra, dated 3rd May 1949, acquitting the opposite party Madanlal of an offence under Section 406, Penal Code, of which he had been convicted by the Tahsildar Magistrate of Agra on 4th November 1948. A revision against an order of acquittal can be entertained in exceptional cases only and the powers of the High Court in the case of an acquittal are very limited except where an appeal has been filed on behalf of the Provincial Government. For the Code of Criminal Procedure provides that the High Court cannot, in exercise of its power of revision, convert an order of acquittal into one of conviction. The power of the High Court to direct a retrial in a case in which an accused person has been wrongly acquitted has, however, been recognised and a number of cases has been cited before me in which such power was exercised by this Court.

(2.) In the case of Bhagwan Singh v. Arjun Datt, 18 A. L. J. 846 : (A. I. R. (7) 1920 ALL. 232 : 21 Cr. L. J. 564), Walsh J., was conscious of the fact that it was contrary to the practice of the High Court to interfere in revision with a judgment of acquittal. He, however, says :

(3.) After this there was another case of Nand Ram v. Khazan, 19 A. L. J. 589 : (A. I. R. (8) 1921 ALL. 266: 22 Cr. L. J. 337), which was heard by Mears C. J. He points out that, although there was no doubt that the High Court had the power to order a retrial in such cases it was a jurisdiction which should be exercised only in exceptional cases and with caution. He says :