BALBIR SINGH Vs. KRISHAN SINGH

JUDGEMENT

(1.) THIS Revision is directed against the order dated 28.12.2002, drawn by Sessions Judge, Kathua in file No.28/Sessions in case titled State Vs. Krishan Singh and another for offences U/Ss 307,324/34 RFC, whereby he has dismissed the challan and acquitted the accused (respondents No. 1 and 2) of their charges.

(2.) IT is not in dispute, that FIR came to be registered on the report of one Gian Singh with Police Station Basolisss. The case was investigated and the challan presented in the court of Sessions Judge, Kathua. The order of acquittal has been challenged in this revision petition by one Balbir Singh, a private person who happens to be a witness in the case, though the challan had preceded on the basis of FIR registered with the Police Station in which the State becomes real complainant. The revision has neither been preferred by the State nor by the first informant, so as to express the grievance over the judgment of acquittal recorded by the learned Sessions Judge.

(3.) THE learned counsel appearing for the respondents has assailed the maintainability of this criminal revision petition by raising a preliminary objection on the ground that the petitioner is a private person, rather a witness in the case and therefore, cannot prefer a revision petition to challenge the acquittal order.