SOLEMAN KHAN Vs. MD. ABDUL NASER

JUDGEMENT

(1.) The validity of the judgment dated 22-11-2012 passed by the learned Additional Sessions Judge, Dhubri in Criminal Revision Petition No. 25(4)/2011 refusing to convert the criminal revision petition filed by the petitioner into a petition of appeal under Section 401(5) read with Section 399(2) of the Code of Criminal Procedure ( the Code for short) is called into question in this criminal revision petition.

(2.) The case of the petitioner, shorn of unnecessary details, may be noticed at the outset. The petitioner lodged a criminal complaint against the respondents before the learned Chief Judicial Magistrate, Dhubri ( CJM ) complaining that the respondents made a criminal conspiracy to humiliate and defame him along with his family members by filing several false petitions before different authorities of various Departments by alleging that the petitioner is a Bangladeshi national, a smuggler, an RDX supplier, HUJI, a man of Al-Qaida, etc. The learned CJM registered his complaint as CR No. 3926/2009 and made over the case to the learned Additional Chief Judicial Magistrate, Dhubri ( the Magistrate for short), who thereafter took cognizance of the offences under Section 500/501-B IPC and issued process against them. On putting up their appearance thereat, the learned Magistrate explained to the respondents the offences charged against them, who pleaded not guilty to the charges and claimed to be tried. In the course of trial, the petitioner examined as many as four witnesses to bring home the charge against the respondents, whose case was that of total denial. No evidence was, however, adduced by the defence. At the end of the trial, the learned Magistrate by the judgment dated 25-10-2010 acquitted the respondents of the charges.

(3.) Aggrieved by the acquittal, the petitioner mistakenly filed a criminal revision petition before the learned Sessions Judge, Dhubri U/s 397 of the Code instead of an appeal under the proviso to Section 372 of the Code.