HRISHI KESH MANDAL Vs. ABADHAUT MANDAL

JUDGEMENT

(1.) In this case the Magistrate who tried the case acquitted the accused. Then th6 matter was brought before the District Magistrate, who investigated it, examined the evidence, and after such examination referred the matter to the High Court under Section 438 of the Criminal Procedure Code; and he came to the conclusion that the acquittal of the accused was wrong. The grounds of his opinion are summed up in two sentences towards the end of his reference: "The Magistrate has taken a grossly biased and distorted view of the case. His judgment shows that he did not honestly and impartially apply his mind to the actual evidence before him."

(2.) There is no doubt about the jurisdiction of this Court, either upon an application of a private individual, or when the case is referred to this Court by a learned Magistrate, that this Court can interfere by way of revision. That has been quite clearly decided in the case to which our attention has been drawn more than once recently--the case of Faujdar Thakur v. Kasi Choudhuri Ind. Cas. 186 : 19 C.W.N. 184 : 42 C. 612 : 21 C.L.J. 53 : 16 Cr. L.J. 122, I think the head-note correctly summarises the judgment. It runs thus, "The High Court has jurisdiction under Section 439, Criminal Procedure Code, to interfere in revision with an acquittal, but it should ordinarily exercise this jurisdiction sparingly and only where it is urgently demanded in the interests of public justice."

(3.) Now, it is to be remembered that where there is an acquittal the Local Government, if it is so advised and thinks right so to do, can proceed under Section 417 of the Criminal Procedure Code, which says, "The Local Government may direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High. Court," So that there is nothing to stop or prevent a decision, which involves an acquittal, being brought before the High Court in a proper case on appeal. The Legislature with respect to an appeal from an acquittal thought it advisable that it should only be done by or through the Local Government.