SAHODARI SONAR Vs. KAILASH RAM TELI

JUDGEMENT

(1.) THIS is an appeal filed by a private complainant Sahodari Sonar of Khurai Telipati, P.S. Imphal under Section 561(A) Cr.P.C. to set aside the judgment of acquittal of the respondent -accused passed by Sri Ch. Samarendra Singh, Magistrate First Class, Imphal in F.I.R. Case 662 (6)64†"I.P.S. dated 15.6.1965.

(2.) THIS case raises important questions of law. The facts of the case, as narrated by the appellant, which led up to the institution of this appeal are, briefly, as follows:

(3.) THE contention of the learned Counsel for the appellant is that the trial started on the police charge -sheet filed in F.I.R. Case 662(6)64 I.P.S., that the Magistrate did not write the judgment as can be seen from the copy of the judgment given to the appellant, that revision lies as the State Government did not file an appeal under Section 417(1) Cr. P.C. and that this Court can review its previous order in Criminal Revision Case 3 of 1966 dismissing the revision and set aside the illegal order of acquittal passed by the First Class Magistrate by treating this appeal as a revision. With regard to the contention of the learned Counsel for the appellant that the Magistrate did not write any judgment, there is room to doubt that Shri Ch. Samarendra Singh, Magistrate First Class did not write any judgment in the first instance.