EMPEROR Vs. RAMESHWAR RAMNATH

JUDGEMENT

(1.) This is an application for the revision of an order of the Sessions Judge, East Khandesh, who reversed the conviction and sentence passed on the accused Nos. 1 to 12 by the First Class Magistrate, Jalgaon, and acquitted them. A preliminary objection has been taken on behalf of the accused that this Court has no jurisdiction to interfere with an order of acquittal on an application in revision.

(2.) The complainant in this case is not the Local Government, but a private individual, The complaint was for defamation under Section 500, Indian Penal Code. Diwan Bahadur Rao, on behalf of the applicant-complainant, has urged that as the complaint relates to a private and personal matter concerning the applicant, the Local Government would not interfere with the order of acquittal by instituting an appeal under the provisions of Section 407 of the Criminal Procedure Code. He has also urged that the past practice of this Court not to interfere in such matters has not been of such a uniform nature as to induce us to follow it on this occasion, He relies upon the case of Mukund V/s. Ladu (1901) 3 Bom. L.R. 584 and Ahmedahad Munioipaliiy V/s. Maganlal (1906) 9 Bom. L.R. 156 in both of which this Court interfered with an order of acquittal at the instance of a party other than the Local Government.

(3.) In the first of these cases this Court reversed the order of acquittal and ordered the Magistrate to rehear the complaint, and in the second case it set aside the order of acquittal passed by the Magistrate, and directed him, after such further inquiry as may be necessary, to dispose of the case in accordance with law. In both these cases the application was made on behalf of a Municipality and not a private individual and related to a matter of public interest and importance. Both these rulings are clear authority on the subject of this Court having jurisdiction to interfere in revision with an order of acquittal irrespective of the applicant being the Local Government.