ALALUDDIIN AHMED Vs. ABDUL GANI AKANDA AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 27.01.2006 of the learned Chief Judicial Magistrate, Morigaon in GR Case No. 630/2001. By the said judgment, the learned CJM has acquitted the accused persons namely Abdul Gani Akand and Ajijur Rahman Akand. It will be pertinent to mention here that the accused No. 2 Ajijur Rahman Akand is the nephew of accused No. 1 Abdul Gani Akand. They are stated to be involved in forging of documents relating to educational institution including educational qualification certificate etc. of the accused No. 2. When the impugned judgment of acquittal was delivered on 27.1.2006, the amended provision i.e. proviso to Section 372 CrPC was not in existence. The said proviso came into bring with effect from 31.2.2009 pursuant to the amendment vide the Act of 5 of 2009 (Section 29). The amended provision is quoted below:

(2.) Mr. B.M. Choudhury, learned counsel for the accused person referring to the aforesaid amended provision submits that the complainant could not have preferred the instant appeal against the impugned judgment of acquittal dated 27.1.2006. According to him, as per the provision of Section 401 CrPC only revisional remedy that too within the narrow campus and parameters laid down in the said section was available to the complainant. On this, Mr. B. Chakraborty, learned counsel representing the appellant submits that this Court has power and jurisdiction to convert the appeal to a revision petition, more particularly, when the appeal was admitted way back in 2006 and to be precise on 2.8.2006. He further submits that having regard to the manifest error of law coupled with the procedural error committed by the learned Trial Court, the impugned judgment of acquittal is required to be interfered with exercising revisional jurisdiction as envisaged under Section 401 CrPC.

(3.) Having regard to the aforesaid arguments advanced by the learned counsel for the parties, I am inclined to convert this appeal to that of Criminal Revision Petition and the Registry shall register the instant appeal as Criminal Revision Petition.