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1989 Supreme(Gau) 92
GAUHATI HIGH COURT
H.K.Sema, R.K.Manisana Singh, JJ.
Niranjan Kumar Das -Appellant
Versus
Ranadhir Roy -Respondent
Criminal Revision No. 296 of 1982
Decided On : 26-05-1989
G.N.Sahewalla, B.Acharyya
A Sessions Judge has the power to entertain a revision petition filed by an informant against an order of acquittal made by a Magistrate in a case instituted upon a police report.
Headnote:
CRIMINAL PROCEDURE CODE - REVISION PETITION - POWER OF SESSIONS JUDGE - INFORMANT - ACQUITTAL - JURISDICTION - SECTION 399, 401, 378, 386(A) - A Sessions Judge has the power to entertain a revision petition filed by an informant against an order of acquittal made by a Magistrate in a case instituted upon a police report.
Fact of the Case:
The informant filed a revision petition in the Court of the Sessions Judge against the order of acquittal made by a Magistrate in a case instituted upon a police report. The Sessions Judge dismissed the revision petition on the ground that he had no jurisdiction to entertain it.
Finding of the Court:
The Court held that the Sessions Judge has jurisdiction to entertain the revision petition filed by the informant against the order of acquittal made by the Magistrate.
Issues: Whether a Sessions Judge has the power to entertain a revision petition filed by an informant against an order of acquittal made by a Magistrate in a case instituted upon a police report?
Ratio Decidendi: The Court held that under section 399, Cr.P.C., the Sessions Judge has the power to exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 401, Cr.P.C. Therefore, the powers of revision of the Sessions Judge are co-extensive with those of the High Court under section 401, Cr.P.C.
Final Decision: The Court allowed the petition and held that the Sessions Judge has jurisdiction to entertain the revision petition filed by the informant against the order of acquittal made by the Magistrate.
This petition under section 482, Cr.P.C. raises the following question :
Whether a Sessions Judge has the power to entertain revision petition filed by an informant against the order of acquittal made by a Magistrate in a case instituted upon a police report?
2. Facts, - The police submitted charge sheet against the accused-respondents under section 341/325/34, IPC. The Additional Chief Judicial Magistrate, Cachar in G.R..Case No 1410 of 1980 framed charge under section 325 read with section 34, 1PC against the accused persons on the accusation that on 13.6.80 at about 8 PM at Rangirkhari of Silchar the accused persons voluntarily caused grievous hurt to the informant in furtherance of their common intention of all the accused persons. The learned Magistrate acquitted the accused on the charge by a judgment dated 18.6.82. State has not filed appeal against the order of acquittal. Being aggrieved by the order of acquittal, the informant filed a revision petition in the Court of the Sessions Judge, Cachar. The learned Sessions Judge in CM No 31 (3) of 1982 dismissed the revision petition on 21.8.82 on the ground that he has no jurisdiction to entertain the revision petition. Hence this petition.
3. Saraf, J, while hearing the revision petition, doubted the correctness of the ratio laid down by this Court in Abdnl Ali Khan vs. Ibrahim Sheikh, (1985) 1 GLR 95 and, therefore, the matter was referred to a Division Bench.
4. In Abdul Ali Khan vs. Ibrahim Sheikh, (1985) I GLR 95, this Court has held :
The provisions for appeal against acquittal has been conferred by the Code and the forum is only the High Court. Consequently, the revision application against the order of acquittal by a private complainant can only be entertained by the High Court and not by any subordinate Court. The learned Sessions Judge, therefore, was wrong in entertaining the revision petition against the order of acquittal preferred by a private complainant as it had no jurisdiction in that regard." It may be noted that the expression "private complainant” used in the above quoted passage meant an informant of a case instituted upon a police report.
5. First of all we are taking up for consideration the question whether an informant is entitled to file an appeal from an order of acquittal. So for as appeal against acquittal is concerned section 378, Cr.P.C. lays down the laws. Under section 378(1), Cr.P.C , as otherwise provided in sub-section (2) and subject to the provision of sub-section (3) and (5) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court or an order of acquittal passed by the Court of Session in revision. Section 378 (4), Cr.P.C. provides that if an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made, to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. Therefore, under section 378,Cr.P.C. the right to entertain an appeal against the acquittal is conferred on the High Court and that an informant has no right of appeal against an order of acquittal in a case instituted upon a police report.
6. The next question which arises for consideration is what is the remedy of the informant who has no right to file an appeal against an order of acquittal. Under section 397, Cr.P.C., the High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior criminal Court situate within its or his local (jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court.
7. Under section 401, Cr.P.C. in the case of any proceeding the record of which h
