LAXMAN DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Laxman Dass has filed this revision petition for quashing the judgment dated 28.11.1995 passed by the learned Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur passed in criminal appeal No.38/1995, by which the learned appellate court set aside the judgment dated 19.09.1995 passed by the Chief Judicial Magistrate, Jodhpur in criminal original cases No.36/1989 by which the present petitioner accused was convicted for the offence under section 7/16 of the Prevention of Good Adulteration Act (hereinafter referred to as 'the Act').

(2.) The learned appellate court, while accepting the appeal of the petitioner, set aside the order of conviction passed by the Chief Judicial Magistrate and remanded the case back to the learned Chief Judicial Magistrate, Jodhpur to pass fresh order, after giving opportunity of examining the defence witnesses.

(3.) At the outset it would be proper to point out the powers of the appellate court under section 386 Cr.P.C. which reads as under :