SHRI KAPTAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) LEAVE granted.

(2.) THE six appellants before us were arraigned before the Sessions Judge, Morena for rioting and the murder of Baijnath in the night between June 5 and 6, 1983. The trial Judge acquitted them of both the charges; and aggrieved thereby the respondent No.2, who was the grandfather of the deceased, sent a registered letter to the High Court. That letter was registered as a criminal revision and notice was issued to the appellants. After hearing the parties the High Court allowed the revision petition, set aside the acquittal of the appellants and remanded the matter to the trial Court to pass a fresh judgment after hearing the parties or, if need be, to hold a retrial. The above judgment of the High Court is under challenge in this appeal.

(3.) APART from the cases relied upon by Mr. Lalit, we find that in Ayodhya v. Ram Sumer Singh [AIR 1981 SC 1415] a three Judge Bench of this Court dealt with the powerexercisab1e under Section 401 Cr.P.C. In that case the High Court, after referring to Chinnaswamy (supra), had said: