KUNJBIHARI Vs. SALIGRAM

JUDGEMENT

(1.) THIS is an appeal by the complainant under sec. 417 (3) of the Criminal Procedure Code against the judgment of the Sub-Divisional Magistrate, Hindaun, dated the 20th of April, 1960 acquitting all the accused of offences under secs. 323 and 325 of the Indian Penal Code.

(2.) A preliminary objection has been raised by learned counsel for the accused to the effect that the case in which his clients were tried by the said Magistrate was instituted on a police report, that is was tried according to the procedure laid down in sec. 251-A of the Criminal Procedure Code and, therefore, the complainant had no right to file this appeal, that leave to appeal was granted to him by mistake since all the facts were not disclosed and hence the appeal should be rejected.