LAWS(RAJ)-2001-2-146

KAPOORA RAM Vs. SHESHA RAM

Decided On February 23, 2001
KAPOORA RAM Appellant
V/S
Shesha Ram Respondents

JUDGEMENT

(1.) Heard. Perused the record.

(2.) In this case, the trial court dismissed the complaint on 13.1.1997. While dismissing the complaint, it was observed by the trial court that accused are acquitted of the charges under Sec. 500 IPC. A revision petition was filed by the petitioner before the Court of Sessions, Jaiore. The revisional court by its order dated 3.8.1998 dismissed the revision petition. The present petition has been filed to impugn the orders of the courts below. The revisional court has observed that .17 accused were facing trial where various adjournments were given to the complainant to bring the evidence. For two years, no evidence was produced by the complainant and on this count, the complaint was dismissed. The revisional court has not found any illegality in these circumstances with the order of the court below. Learned counsel for the respondents has submitted that as and when a complaint is dismissed and order of acquittal is passed, no revision is maintainable and the complainant in such cases is required to file an appeal against acquittal. No such appeal has been filed. The misc. petition would not be maintainable. There appears to be substance in the argument of the learned counsel for the respondents. No case is made out for interference under the extra-ordinary jurisdiction of this Court under Sec. 482 Cr.RC. The misc. petition having no force is dismissed. Petition dismissed.