NAZIM KHAN Vs. IDDU KHAN AND ORS.

JUDGEMENT

(1.) THIS revision has been filed against the order dated 2.3.1994 passed by Addl. Sessions Judge, Basoda, District Vidisha. where by it was directed that the charge u/s 307 1. P. C. was not prima facie made out against the accused and the case was not triable by the Court of Session. The learned Addl. Sessions Judge observed that charges only u/s 147. 148, 149, 324 and 325 and 326 IPC. were made out. Accordingly, it was directed that the file be sent back to the Magistrate concerned for trial of the offences according to law.

(2.) AGAINST this order no revision was filed by the State. The complainant of the case Nazim Khan has preferred this revision before this Court against the said order with the prayer that the direction be issued that the ease he tried by the Court of Session and also for framing of the charge u/s 307 I.P.C.

(3.) LEARNED Counsel for the opposite party relied on the case of Kanhaiya v. Kashinath,, 1979 Cr. LJ. 409 Win which the learned Single Judge of Allahabad High Court held that a revision by the complainant in a police challan ease is not maintainable when the State did not file any revision.