KOKILABAI Vs. GANGADHAR S O SHIVARAM MAHAJAN

JUDGEMENT

(1.) Under the circumstances which I will presently mention it has been necessary for me to transfer this revision application to the Session Court, Aurangabad. Hence I will state the facts which are relevant only for pointing out the circumstances which necessitates such an order.

(2.) The petitioner before me is the original complainant at whose instance the police filed charge-sheet against present respondent No. 1 (who will be referred to hereinafter as "the accused") for offence under section 406 of the I.P.C. for alleged commission of misappropriation in respect of a truck belonging allegedly to the complainant. In the proceedings that ensued the trial Court has passed an order of acquittal in favour of the accused and so far as the truck is concerned it is directed that the same should be returned to the accused.

(3.) So far as a part of the order which related to the return of the truck to the accused is concerned the present petitioner has filed an appeal to the Sessions Court. Even the State has filed an appeal against the same part of the order. Both the appeals are pending before the Session Court. So far as the order of acquittal of the accused is concerned, the State Government has not filed any appeal against the said order to this Court; but the present petitioner had initially filed an appeal against the same to this Court. Evidently the said appeal did not lie at the instance of the de facto complainant because the criminal proceedings had not been institutes upon a complaint within the meaning of the Code. This Court, therefore, allowed the present petitioner to convert the appeal into a revision application and that is how the same came up for final hearing before me. But what is to be noted is that the fact that the above mentioned two appeals against a part of the same order of the trial Court are pending in the Session Court, was brought to the notice of this court only at the time when the appeal came up for final hearing before me. The arguments from all the advocated appearing before me including the Public Prosecutors is that the Session Court has no power to entertain not only the appeal against acquittal but also the revision application against the order of acquittal. I noticed that---