MUNICIPAL COUNCIL Vs. L. BARKAT RAM ASANAND

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge, Jammu, recommending that the order passed by the Additional District Magistrate, Jammu, on 3 -7 -1962 dismissing the complaint of the Municipal Council, Jammu, be set aside and fresh enquiry ordered.

(2.) THE facts which gave rise to this reference, briefly stated are these:

(3.) The revisional jurisdiction conferred on the High Court under Section 439, Code of Criminal Procedure is not to be lightly exercised, when it is invoked by a private complainant against an order of acquittal against which the Government has a right of appeal under Section 417. It could be exercised only in exceptional cases where the interests of public justice require interference for the correction of manifest illegality, or the prevention of a gross miscarriage of justice. This jurisdiction is not ordinarily invoked or used merely because the lower Court has taken a wrong view of the law or misappreciated the evidence on record.