LAWS(ORI)-1985-9-38

OM PRAKASH SANTUKA Vs. CHAMPALAL SETHIA

Decided On September 27, 1985
Om Prakash Santuka Appellant
V/S
CHAMPALAL SETHIA Respondents

JUDGEMENT

(1.) COMPLAINANT , a monthly tenant in respect of a house in Cuttack town under the accused persons, is the appellant against an order of acquittal under Section 256, Criminal Procedure Code.

(2.) ON the basis of the complaint dated 10 -4 -1981, cognisance was taken for offences under Sections. 323 and 504, I. P. C., and the accused persons were summoned to face the trial, They entered appearance on 22 5.1981 and were released on bail. The case was posted to 30 -6 -1981 for hearing. On 30 -6 -1981, the learned Chief Judicial Magistrate passed the following order :

(3.) IN appeal against acquittal whether after considering the merits or under Section 256, Criminal Procedure Code, High Court can interfere only where miscarriage of justice has resulted on account of manifest error of law or fact. If the main ground on which the acquittal is based is reasonable and plausible and cannot entirely and effectively be dislodged or demolished, the High Court should not disturb the acquittal.