MD NASRUL HAQUE Vs. REFIQUE 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 Section 401 of the Code of Criminal Procedure, 1973 (in short, 'the Code') ought to have been filed.

(3.) THE present application has been filed under Section 378(4) of the Code for grant of leave to appeal. The question is whether a revision in terms of Section 397 read with Section 401 of the Code is to be filed or application praying for leave is to be considered in terms of Section 378(4) of the Code. For resolution of the controversy, reference to Section 378(4) is necessary. Same reads as follows : '378. Appeal in case of acquittal, (1) to (3) xx xx xx (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.'