SHOUKILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD . This is a criminal revision under Section 397 read with Section 401 Cr.P.C, against the order dated 24.12.1999 passed by the learned Additional Sessions Judge, Sakti, district Bilaspur in criminal revision No. 177/99, quashing the order dated 7.5.1999 passed by the learned Additional Chief Judicial Magistrate, Sakti in Criminal Case No. 1991/98 whereby the charges under Section 406 and 427 IPC were not framed against the petitioner.

(2.) THE petitioner was prosecuted for offence under Section 420,406 and 427 IPC in the Court of learned A.C.J.M., Sakti. On 7.5.1999. the learned Magistrate considered the framing of charge and found that offence under Section 420 IPC alone is made out. After observing that no offence under Section 427 and 406 IPC is made out, the learned Magistrate directed that the case be put up after some time. It was also observed by the learned Magistrate that no offence under Section 379 IPC is made out against the petitioner, as it was argued on behalf of the prosecutor that offence under Section 379 IPC is also made out against him.

(3.) THE learned counsel appearing for the petitioner has assailed the impugned order on the sole ground that for offence under Section 420 IPC. the petitioner was acquitted by the learned ACJM, Sakti by the order passed on the same day, subsequent to passing of the above order not framing charge u/s 406 and 427 IPC and therefore no revision petition was tenable against such order. He has further contended that if the respondent was aggrieved by the order of acquittal of offence u/s 420 IPC, an appeal should have been filed u/s 378 Cr.P.C, before the High Court.