NIRANJAN KUMAR DAS Vs. RANADHIR ROY

JUDGEMENT

(1.) The petition under S.482, Cr. P.C. raises the following question : Whether a Sessions Judge has the power to entertain revision petition filed by an informant against the order of acquittal made by a Magistrate in a case instituted upon a police report ?

(2.) Facts, The police submitted charge-sheet against the accused-respondents under S.341/325/34, IPC. The Additional Chief Judicial Magistrate Cachar in GR Case No. 1410 of 1980 framed charge under S.325 read with S.34, IPC against the accused persons on the accusation that on 13-6-80 at about 8 p.m. at Rangirkhari of Silchar the accused persons voluntarily caused grievous hurt to the informant in furtherance of the common intention of all the accused persons. The learned Magistrate acquitted the accused in the charge by a judgement dated 18-6-82. State has not filed appeal against the order of acquittal. Being aggrieved by the order of acquittal, the informant filed a revision petition in the Court of the Sessions Judge Cachar. The learned Sessions Judge in CM No. 31(3) of 1982 dismissed the revision petition on 21-8-82 on the ground that he has no jurisdiction to entertain the revision petition. Hence this petition.

(3.) Saraf, J. while hearing the revision petition, doubted the correctness of the ratio laid down by this Court in Abdul Ali Khan v. Ibrahim Sheikh, (1985) 1 Gauhati LR 95 and, therefore, the matter was referred to a Division Bench.