judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the revision filed by respondent No.1. The revision was filed questioning the legality of the order dated 18.11.2000 passed by XIII Additional District and Sessions Judge, Aligarh in Criminal Revision No.272 of 2000 accepting the contention that the informant of the case got a false affidavit filed alongwith protest petition, and therefore no action could have been taken.

3.Stand taken before the learned Sessions Judge was that by the time the protest petition was filed the informant had died and false affidavit with a thumb impression was filed. Since the informant had already died, the learned Magistrate could not have been proceeded in the matter. This found acceptance by the learned Sessions Judge. The High Court by the impugned order had held that the order was not passed on the protest petition and was in fact passed on consideration of the report submitted in terms of Section 173 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’).

4.Learned counsel for the appellants submitted that the High Court fell in gr