SOUMYENDRA NATH MAZUMDAR Vs. STATE

JUDGEMENT

(1.) By the present application under Sections 401 and 397 of the Code of Criminal Procedure read with Section 482 of the said Code, the petitioner/appellant challenges the order dated 15th July, 1999 passed by the learned Additional Sessions Judge, Murshidabad. By the said order, the learned Judge set aside the order of conviction of the appellant/petitioner herein passed by the learned Chief Judicial Magistrate, Murshidabad and directed the Chief Judicial Magistrate, Murshidabad to send the case to the Court of Special Judge having jurisdiction for retrial of the case.

(2.) The impugned order has been challenged by the petitioner on the ground that the order for retrial should not have been passed keeping in view the provisions of Section 386 of the Code of Criminal Procedure, 1973 (the '1973 Code' for short) which deals with the powers of the Appellate Court.

(3.) Mr. Sanyal, the learned Counsel for the petitioner contends that the impugned order passed by the Additional Sessions Judge does not come within the purview of any of the provisions of Section 386 of the 1973 Code. The relevant provisions of Section 386 on which Mr. Sanyal argues are as follows :