BISHAMBHAR DAYAL, J.

( 1 ) THIS is an appeal against 311 order of acquittal passed by the Additional District Magistrate of bijnor dated 29-9-1958. The facts which have led to this order may be shortly stated as follows. Appellant Naresh Prasad filed a complaint against the respondent Mahabir Prasad under Sections 842 and 166 I. P. C. which was pending before a Magistrate. The complainant made a further application claiming that the facts disclosed an offence under Section 320 I. P. C, and that the procedure for an enquiry should be followed in the case, as it was a case triable by the Court of session. This application was made on 23-9-1958. It was rejected by the learned Magistrate. A revision against this order was filed before the Sessions Judge. The Sessions Judge while admitting the revision passed the following order, "stay pending revision" on 26-9-1958.

( 2 ) AFTER this order had been passed by the leaped Sessions Judge, the case came up for hearing before the Magistrate on 29-9-1958. When the case was called up, learned counsel appearing for the complainant appeared before the court; in the circumstances it must be believed that he informed the learned Magistrate of the f

Click Here to Read the rest of this document