SATYAPAL Vs. OM PRAKASH

JUDGEMENT

(1.) A complaint under secs. 447 and 323, I. P. C, was filed by Satyapal in the court of the Magistrate, First Glass, Rajgarh, District Alwar. Offences under secs. 447 and 323, I. P. C. , are in the nature of summons cases. The learned Magistrate, however, tried the case as a warrant case following the procedure given under Chapter XXI of the Code of Criminal Procedure. The evidence of the complainant was recorded. Charges were framed against the accused persons on March 12, 1965, and the case was fixed for further cross-examination of the prosecution witnesses on April 3, 1965. After the prosecution evidence was concluded, defence evidence was recorded and the case was fixed for final arguments. Later on, the case was adjourned from time to time for sundry reasons and the final arguments could not be heard on the appointed date. The case was eventually fixed for arguments on August 25, 1966. That day the complainant and his counsel remained absent. The trial court dismissed the complaint and acquitted the accused in accordance with sec. 247, Cr. P. C. A revision application was moved against the order of acquittal in the court of Additional District Magistrate, Alwar. The learned Magistrate held that an appeal lay against an order of acquittal, under sec. 417, Cr. P. C, and not a revision. He, therefore, dismissed the revision-application.

(2.) AGGRIEVED against the above order, the complainant Satyapal has filed this revision petition, Learned counsel for the applicant submits that the trial court tried the accused under the procedure laid down for the trial of a warrant case, but eventually framed charges under secs. 447 and 323, I. P. C. which are offences triable as a summons case. The lower court, having elected to try the case by the warrant case procedure, had no power to act under sec. 247, which applies only to a case triable under the summons case procedure. Learned counsel for the petitioner, in the end, asked the Court to set aside the order passed by the trial court, acquitting the accused in accordance with the provisions of sec. 247, Cr. P. C.