BRUNDABAN BASTIA Vs. BIRABAR BASTIA

JUDGEMENT

(1.) IN this revision petition the legality of the order of a Magistrate reviving a summons case which had ended in acquittal under Section 2 -17, Criminal Procedure Code on account of the absence of the complainant, is under challenge.

(2.) ON the complaint of the opposite party, on the 19th August 1959, the Petitioner and some other persons were summoned under Section 323, I.P.C. for the 22nd September 1959. On the 22nd September 195, the Magistrate passed the following order:

(3.) BUT the question still remains whether the Magistrate can, in such circumstances, treat his order of acquittal as a nullity, and revive the proceeding subsequently; or else whether the acquittal being a 'judgment' within the meaning of Section 369 Code of Criminal Procedure is final and the only remedy open to the aggrieved party is to move the High Court, in revision, to set aside the same.