MOHINDER SINGH Vs. SATBIR SINGH

JUDGEMENT

(1.) SATBIR Singh respondent was convicted by the trial Magistrate under section 354, Indian Penal Code. and he was released on probation for a period of one year under the Probation of Offenders Act, 1958. Against this judgment of the trial Magistrate, dated September 13, 1983, the complainant Mohinder Singh has filed the instant revision praying that the order of releasing the respondent on probation be set aside and substantive sentence of imprisonment be awarded to him.

(2.) CONSEQUENT upon hearing the learned counsel for the parties this case must be dismissed as unmaintainable. The petitioner Mohinder Singh has assailed the order of probation made by the trial Magistrate under sect. ion 4 of the Probation of Offenders Act. It is held by a Division Bench of this Court in State (Union Territory), Chandigarh v. Manjit Singh and others (1984 (1) Recent Criminal Reports 185) : (1984) I.L.R. 1 Punjab and Haryana 25, that against such an order of probation appeal lies to the High Court under section 11(2) of the Probation of Offenders Act. Clearly, therefore, a revision is not maintainable against the impugned order. However, 401(5) or the Code of Criminal Procedure provides that when an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interest of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. In the instant case assuming that the revision was filed under the erroneous belief that no appeal lies against the impugned order the revision can be treated as an appeal. But it is abundantly clear that in view of section 377 of the Code of Criminal Procedure such an appeal can be preferred only by the State Government and not by a complainant. Apparently, this appeal would be against inadequacy of sentence which can be filed only by the State Government under section 377(3) of the Code of Criminal Procedure. Thus. even if the instant revision is treated to be an appeal it must be held to be unmaintainable as the complainant Mohinder Singh has no locus standi to we an appeal against the order of probation

(3.) IN this view of the matter this revision stands dismissed.