NAROTAM DASS Vs. SAT PAUL

JUDGEMENT

(1.) FACTS which are not in dispute in the present revision petition are that on the basis of a complaint lodged by the petitioner, FIR Ex -PA came to be registered at Police Station Nowshera, District Rajouri. After conclusion of the investigation all the respondents were sent for facing trial in the Court of Sub -Judge (Judicial Magistrate) Nowshera under Section 325,447 and 147 RPC. Trial court after examining the challan papers was of the view that there was prima facie material to proceed against respondents 1 to 10 and thus framed charge sheet against all respondents. After the conclusion of trial respondents 1 to 10 have been acquitted.

(2.) THIS judgment of the trial court has been questioned by the petitioner in the present proceedings with a prayer to set aside the order of acquittal dated 28th February, 1997 passed by trial Magistrate in File No. 127 in case titled as State vs Sat Pal and others.

(3.) WHEN this case was taken up, learned counsel appearing for the respondents raised a preliminary objection regarding the locus -standi of the petitioner to maintain this revision petition, as according to him it was primarily for the State to have filed an appeal against acquittal, alternate arguments put forth was that no revision is maintainable at the instance of petitioner complainant who is a private party and the court should be disinclined entertaining such revision petition. On the other hand, learned counsel appearing for the petitioner made an attempt to persuade the court by urging that if the arguments urged on behalf of respondents 1 to 10 is taken to its logical end, it would result in leading to a grave situation, thus it is likely to re -suit in failure of justice.