NATARAJAN, J.

Criminal R.C. Nos. 31 and 32 of 1979 arise out of two references made by the Sessions Judge of Salem, under Section 395(2), Cr.P.C. While hearing Cri.R.C. No. 31 of 1979, Singaravelu, J. doubted the correctness of the ratio laid down in Ramnad District Co-operative Supply and Marketing Society v. V. Chandran (1982 Mad LW (Cri) 20) and Ramu Ammal v. E. Venkatachalam (Cri.R.C. No. 26/1980 of this Court - Order dated November 17, 1981), and therefore deemed it expedient to refer the matter to a Division Bench and that is how Crl.R.C. No. 31 of 1979 came to be posted before us. Since Crl.R.C. No. 32 of 1979 is an allied revision, it has also come to be posted before us for disposal.

2. Crl.R.C. No. 31 of 1979 relates to a private complaint taken on file as C.C. No. 455 of 1978 by the Judicial Second Class Magistrate, Namakkal, for an offence under Section 323, I.P.C. After trial, the Magistrate acquitted the accused. The complainant preferred a revision to the Sessions Judge under Section 399, Cr.P.C. and prayed for the setting aside of the order of acquittal. The accused and the Public Prosecutor questioned the maintainability of the revision petition before th