JASPAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure (hereafter referred to as the Code) has been preferred by the accused -petitioners (hereafter referred to as the accused) against the order dated 20.12.2000 passed by the learned Sessions Judge, Solan in Criminal Revision No. 5 -S/l of 2000 whereby the order dated 13.3.2000 passed by the learned Judicial Magistrate 1st Class, Solan, in case No. 29/2 of 1992 acquitting the accused has been quashed and set aside.

(2.) The admitted facts leading to the presentation of the present petition are that a police challan under Sections 147, 323, 324 and 506 IPC was presented against the accused in the Court of the learned Judicial Magistrate and on the basis of an application moved by the complainant/injured persons, the trial Court accepted the composition of the offence and acquitted the accused persons. The order of acquittal was challenged by the State in the Court of the learned Sessions Judge by way of a revision petition which was allowed by the learned Sessions Judge and the order of acquittal passed by the learned Magistrate was set aside and the case was remanded for trial afresh from the stage where it stood immediately before the passing of the order of acquittal. Feeling aggrieved, the accused persons have preferred the present petition.

(3.) I have heard the learned Counsel for the accused and the learned Assistant Advocate General for the State and have also perused the material placed on record.