SUNA SATPATHIANI Vs. PANCHANAN PADHI

JUDGEMENT

(1.) THIS is a petition by one Suna Satpathiani challenging the legality of an order of acquittal under Section 345 of the Criminal Procedure Code passed by a first class Magistrate of Berhampur.

(2.) ONE Mohan Sathpathy, the husband of the petitioner filed a criminal case against the three members of the opposite party (who are his wife's own brothers) alleging that on 4 -11 -1957 they cut away paddy crops from some lands in village Hingalapalli which beonged to his wife. He also stated that he raised the crops on the land. In due course a regular case under Section 379 I. P. C. was started against the three members of the opposite party and! the complainant, Mohan Satpathy and 3 more witnesses were examined in chief and also cross -examined before charge.

(3.) MR . Das, however, urged that this revision would not lie inasmuch as the petitioner had a right of appeal against the order of acquittal under Section 417 (3) of the Criminal Procedure Code. But that section, in terms confers right of appeal only on the complainant namely Mohan Satpathy who is now dead. The petitioner had no such right of appeal and she was therefore entitled to seek the revisional jurisdiction of this Court under Section 439 of the Criminal Procedure Code. The bar imposed by Sub -section (5) of Section 439 has no application.