ASA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHORT submission made by learned counsel Shri Vyas in this petition is that the revisional court committed grave error in allowing revision petition filed by the respondent No. 2 accused after appreciating the evidence on record. He submitted that it was not open for the learned Addl. Sessions Judge to go into the evidence and decide the matter at this stage as to whether the offence is committed by the accused or not. He further submitted that, that is not the scope of Section 397 Cr. P. C.

(2.) THE aforesaid submission of learned counsel Shri Vyas for the petitioner has to be appreciated in the background of few relevant facts of the case, which are as under:-

(3.) UNDER the circumstances, when the revisional court had exercised its revisional jurisdiction then this Court would not interfere with such order in its powers under Section 482 Cr. P. C.