M S TIRUPATHI Vs. C H RAMAKRISHNA RAO

JUDGEMENT

(1.) Applying the test of Section 362 of the Criminal Procedure Code would be an easy task, perhaps the easiest task to say no on the face of the petitioner and roll down the shutters before him. But, in the trajectory of the peculiar facts and circumstances of this case, it is required that the Court should travel beyond bonds and boundaries. In the event it simply says AMEN with Section 362 Cr PC perhaps it would not be a taciturn situation where justice would be a silent sufferer and would result in throwing away the baby with the bath water.

(2.) The petitioner hereinabove who faced the trial before the learned Judicial Magistrate, Port Blair in connection with CR No.92 of 2006 earned an order of acquittal on 29.3.2007. The same was carried at the instance of the complainant (Opposite Party hereinabove). My predecessor-in-office by the judgment and Order dated 7.12.2009 in connection with CRA No.001 of 2009,set aside the aforesaid order of acquittal recorded by the learned Trial Court and remanded the same before the learned Magistrate for fresh consideration.

(3.) As a preliminary issue, this Court is required to be abreast of two staring situations. These are Section 362 of the Criminal Procedure Code and the fact that this Court sitting in a coordinate jurisdiction cannot depart from the view taken by another Bench.