ABDUL MAJID Vs. ADAI AND ORS.

JUDGEMENT

(1.) THIS application under Section 439 of the Code of Criminal Procedure is directed against the judgment of acquittal passed by the learned Magistrate, First Class (Judicial), Karimganj, in a case instituted on a complaint.

(2.) THE prosecution case was that on 11th November, 1962, accused persons cut away paddy from the land in possession of the complainant and on his protest, they assaulted him and his sons, when they later intervened. 19 accused persons were charged under Section 147 of the Indian Penal Code and two of them were separately charged under Section 324, Indian Penal Code.

(3.) THE complainant obtained this Rule on 6th of May, 1966. A preliminary objection has been raised by Mr. Bhattacharjee, the learned Counsel for the opposite parties, regarding maintainability of this revision application at the instance of the complainant. He submits that Section 439(5) of the Code of Criminal Procedure is a bar to this application since the complainant in this case instituted on a complaint had a right of appeal under Section 417(3) of the Code of Criminal Procedure. We may read Section 439(5) of the Code of Criminal Procedure: