(1.) PETITIONER had faced trial in a complaint case under Sections 3(k), (i), 17, 18, 29 and 33 of the Insecticides Act, 1968. Trial Court vide judgment dated 23.04.2009 acquitted the petitioner of the charges framed against him. Aggrieved against the said judgment, State preferred an appeal before the Sessions Court. The said appeal was allowed by the Sessions Court vide impugned order dated 10.08.2010 and the case was remanded back to the Trial Court for a fresh decision.
(2.) LEARNED counsel for the petitioner has submitted that appeal was not maintainable before the Sessions Court as the same could have been filed before this Court under Section 378(4) of the Code of Criminal Procedure, 1973 (in short Cr.P.C.). Learned counsel has placed reliance on a decision of Full Bench of this Court in M/s. Tata Steel Ltd. Vs. Atma Tube Products Ltd. and another : 2013 (2) RCR (Crl.) 1005 wherein it was held as under: -
(3.) LEARNED State counsel, on the other hand, has opposed the petition.