VIJENDER KUMAR Vs. STATE OF RAJ.

JUDGEMENT

(1.) This matter can be disposed of at the admission stage itself because accused-petitioner Vijender Kumar was acquitted from the charges of Sections 325, 323 and 341 IPC by Judicial Magistrate No.1, Sri Ganganagar in Regular Criminal Case No.57/2000 titled as State of Rajasthan vs. Vijender Kumar on 6.4.2011 and when the matter was challenged in appellate court by complainant Satya Pal, then Addl. Sessions Judge No.2, Sriganganagar by his order dated 17.5.2013 in Criminal Appeal No.271/2012 had remanded the matter for proper appreciation of evidence.

(2.) I have heard the learned Advocate for the accused-petitioner Vijender Kumar and I have also heard the learned Public Prosecutor in the matter.

(3.) Complainant Satya Pal has not been made a party in this revision petition by the accused-petitioner, but apparently order of the appellate court dated 17.5.2013 appears to be not according to law because the appellate court should have decided the appeal on merits by himself, rather than remanding the case to the concerned Magistrate.