SUNITA RAMKRISHNA DAHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. De, learned counsel for the applicant and Mr. Sonak, learned A. P. P. for respondent No. 1. None for the respondent Nos. 2 to 5.

(2.) By this application under section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") the applicant challenges the judgment and order dated 11. 5. 2006 passed by 3rd Ad hoc additional Sessions Judge, Chandrapur in criminal Revision Application No. 10 of 2006 dismissing the revision application filed by the applicant challenging the judgment and order of acquittal dated 15-11-2005 passed in favour of respondent nos. 2 to 5 by Judicial Magistrate, First class, Bhadrawati. Respondent Nos. 2 to 5 were prosecuted for offence punishable under section 498-A of the Indian Penal code pursuant to the report filed by the applicant. By judgment and order dated 15-11-2005 learned Magistrate acquitted the accused of the offence charged. Aggrieved the applicant preferred Criminal Revision application No. 10/2006. Learned 3rd Ad hoc Additional Sessions Judge by the impugned judgment and order dismissed the criminal revision application holding that the revision was not maintainable against the judgment and order impugned and appeal was the only remedy.

(3.) Mr. De, learned Counsel for the applicant submitted that since the case filed against the respondent was State case the applicant who had filed First Information report was entitled to file revision application against impugned judgment and order. This legal position has not been disputed by Mr. Sonak, learned A. P. P. appearing on behalf of respondent No. 1.