SURAJJANLAL Vs. KANHAIYA LAL

JUDGEMENT

(1.) THE facts giving rise to this revision in short are that the Magistrate First Class, Shajapur, tried the accused under Section 323 I.P C. The allegations in the complaint were that the complainant was called by the accused and given a beating. The trial Court on 15 -11 -56 made an order discharging the accused. Against this decision, the complainant filed a revision before the Additional Sessions Judge, Shajapur, who set aside the order and remanded the case to the trial Court for proceeding further in the matter, the present revision is filed against this order of remand.

(2.) THE accused was being tried under Section 323 I.P.C. and it was a summons case. In the trial of the summons case, the law contemplates an order of acquittal or conviction. When the Magistrate finds that no case is made out against the accused, be in fact acquits the accused though he may call his order an order of discharge. In 11 Criminal Law Journal, 350 the tharappa Pillai vs. Bencatrama Aiyar) this view has been taken.

(3.) FOR reasons stated above the order of the Sessions Judge, setting aside the acquittal is quashed. This order shall not prevent the Additional Sessions Judge to refer the matter to the High Court, should he care to do so.