JUDGMENT

The appellants were tried by the Assistant Sessions Judge, Aligarh for an offence punishable under Section 326 read with Section 34. I.P.C. and were sentenced to undergo rigorous imprisonment for five years. On appeal the learned Sessions Judge allowed and set aside the conviction and sentences. Against the said order of acquittal complainant filed revision before the High Court. The High Court by the impugned order set aside the order of acquittal passed by the appellate court while exercising the revisional jurisdiction and remanded the hearing of the appeal to the District and Sessions Judge at Mathura. The High Court interfered in the revision against the acquittal on the ground that the Sessions Judge dictated only the operative portion of the order, allowing the appeal, acquitting the accused on 8th April, 1978 and that is contrary to Section 353 Cr.P.C. It appears that the High Court called for an explanation and the learned Sessions Judge sent the explanation. The High Court has not gone into the merits of the case while setting aside the order of acquittal passed by the appellate court. It may not be necessary for the purpose of this case to go into the scope of Se