JUDGMENT - DAUD S.M., J.:—This petition under Article 227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 takes exception to the order passed below Ex. 1 by the Additional Sessions Judge, Ratnagiri in Criminal Revision Application No. 36 of 1986.

2. Respondent No. 1—hereinafter referred to as the “complainant”—filed a private complaint in the Court of Judicial Magistrate, First Class at Devrukh which was registered as Criminal Case No. 19 of 1984. The said complaint ascribed to the petitioners-accused commission of offences punishable under sections 417 and 420 read with 34 of the Indian Penal Code. The learned Magistrate acquitted the accused on 30-6-1986. The complainant assailed the acquittal by a revision to the Sessions Court at Ratnagiri. A doubt was expressed as to the maintainability of the revision and the A.P.P. was directed to put in an appearance so that the maintainability of the revision could be decided after a proper hearing. The A.P.P. contended that the revision did not lie and in support of this contention he relied upon section 378(4) read with section 401(4) of the Code of Criminal Procedure. The learned Additional Sessions J

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