NASRUL HAQUE Vs. RAFIQUE KHAN

JUDGEMENT

(1.) In spite of service of notice the opposite parties have not entered appearance.

(2.) A point regarding maintainability of the application has been raised. It is stated that the present application is by the complainant against the order of acquittal passed by the appellate authority, and therefore criminal revision in terms of Sec. 401 of the Code of Criminal, Procedure, 1973 (in short, the Code) ought to have been filed.

(3.) Factual aspects need not be noted in detail except what is absolutely necessary for disposal of the point regarding maintainability. Opposite parties (hereinafter referred to as the accused) faced trial in the Court of Additional Munsif-cum-Judicial Magistrate, First Class, Cuttack in I.C.C. No. 45 of 1988 (Trial No. 204 of 1991) on the basis of a complaint lodged by the petitioner. They were found guilty and were sentenced to undergo various sentences. In appeal the learned First Additional Sessions Judge, Cuttack acquitted the accused opposite parties holding them not guilty.