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DELHI HIGH COURT
MANOJ KUMAR OHRI
Lalita – Appellant
Versus
State – Respondent


JUDGMENT

Manoj Kumar Ohri, J.(Oral)--The present revision petition has been filed under Section 397 r/w Section 482 CrPC assailing the order dated 31.01.2019 passed by the Special Judge (P.C. Act) CBI-01 (Central District), Tis Hazari Courts, Delhi in Crl. Appeal No.65/2018.

2. The facts of the prosecution, as noted by the trial court, are that the Respondents No.2 and 3 faced trial in the FIR No.05/2009 registered under Sections 324 r/w 34 IPC at P.S. Nabi Karim. After the trial, vide judgment dated 04.10.2018, the Respondents No.2 and 3 were acquitted of all the charges by the Metropolitan Magistrate.

3. The order of acquittal was challenged by the revisionist/complainant by way of a Criminal Appeal No. 65/2018 filed under Proviso to Section 372 CrPC before the Court of Sessions.

4. Learned counsels for the parties submitted that the Special Judge, without going into the merits of the case, disposed of the appeal with liberty to file the same before this Court. The relevant portion of the order passed by the Special Judge is reproduced below:

    "(6) An issue has arisen with regard to the jurisdiction of the Court of Sessions to entertain an appeal against acquittal filed by t

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