PREETAM CHOUKSEY Vs. STATE OF M P

JUDGEMENT

(1.) The applicant/ accused has preferred this revision challenging the sustainability of judgment dated 14.10.2011 passed by the Sessions Judge, Sagar in Cr. Appeal No. 264/2011 whereby allowing the appeal of the applicant in part and after setting aside the judgment dated 29.6.2011 passed by Judicial Magistrate Sagar in Criminal Case No. 473/ 2005 acquitting the applicant from the charge of Section 409, 420, 468 and 120B of IPC, the case has been remitted back with a direction to decide afresh after proper appreciation of evidence led by the parties on record. The applicant's counsel after taking me through the impugned judgment of the Courts below along with the provision of Section 386 of Cr.P.C. argued that in the available circumstances the provision of aforesaid Section 386 of Cr.P.C. was not available with the appellate Court for remitting back the matter to the trial Court after setting aside the judgment of such Court to decide afresh by re-appreciation of the evidence; as such re-appreciation of evidence could be carried out by the appellate Court itself instead to remand the matter to the trial Court. In continuation he also said that the appellate Court being the Court of facts can also re-appreciate the available evidence and for that purpose remitting back the case to the trial Court is not necessary. With these submission, he prayed for setting aside the impugned judgment of the appellate Court by admitting and allowing this revision.

(2.) Keeping in view the arguments advanced by the applicant's counsel, I have carefully gone through the judgment of the trial Court as well as impugned judgment of the appellate Court remitting back the matter to the trial Court with a direction to decide afresh in accordance with the direction given in paragraph 15 of the impugned judgment.

(3.) Before giving any finding in the matter as ready reference, I would like to produce the provision of Section 386 of Cr.P.C. by which the appellate Court is empowered to remand the matter with some direction to decide afresh, the same are read as under :