RONGSENG SANGMA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) BY this application Under Section 439, Criminal Procedure Code and/or R.22 of the Rules for the Administration of Justice and Police in the Garo Hills District the petitioner has challenged the order passed by the Deputy Commissioner, Garo Hills in Criminal Revision No. 10 of 1968.

(2.) THE police submitted charge -sheet against the petitioner Under Section 435, Indian Penal Code on 19 -5 -1965. Thereafter on 14 -7 -1965 charge Under Section 435, Indian Penal Code was framed against the accused petitioner, to which he pleaded not guilty. The case dragged on and some prosecution witnesses were examined. On 28 -6 -1968 the learned Assistant to the Deputy Commissioner and Magistrate, First Class, Garo Hills passed the following order: -

(3.) MR . K. P. Sen, the learned Counsel for the petitioner submits that there is no revisional power in such a matter under R.22 (2) of the Rules for the Administration of Justice and Police in the Garo Hills District. The order passed by the trial court on 28 -6 -1968 discharging the accused is either an order of acquittal or an order of discharge. But Under Section 251 -A, Criminal Procedure Code there is no provision of discharge after an accused is charged. Since the Criminal Procedure Code is applicable in spirit only in the Garo Hills, this order of the trial court may be interpreted as an order of acquittal and in that case an appeal lies from the order under R.22 -A, which provides as follows : - -