GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the order dated January 5, 1989 passed by the Additional Sessions Judge, Ludhiana by which the acquittal of the petitioners was set aside and the case was remained to the trial Court for deciding the same in accordance with law.

(2.) BRIEFLY , the facts of the case are that Karnail Singh filed a complaint against the petitioner and others under Sections 323/324/325/342/506 of the Indian Penal Code. The charge was framed against the petitioners by the trial Judge on 13.8.1987 after recording the evidence of the complainant. On 3-1-2.1987 the case was called several times by the trial judge but none appeared on behalf of the complainant at 2.30 P.M. the complaint was dismissed and the petitioners were acquitted by the trial Judge.

(3.) IT is not disputed that an appeal against the acquittal was maintainable under Section 378 of the Code of Criminal Procedure. That remedy having not been availed of by the complainant, no revision could be maintained. The learned Additional Sessions Judge appeared to be completely oblivious of sub-section (4) of Section 401 of the Code of Criminal Procedure.