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Qalandar Singh Vs. Muhammad Raza Khan and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1924All624; 83Ind.Cas.687
AppellantQalandar Singh
RespondentMuhammad Raza Khan and ors.
Excerpt:
criminal procedure code (act v of 1898), sections 417, 438 - acquittal--reference by sessions judge--appeal by government, absence of--interference by high court. - boys, j.1. this is a reference by the sessions judge of mainpuri recommending that the acquittal of one of the two parties in the cross riot cases be set aside on the ground that the finding that the persons acquitted had exercised a right of private defence was wrong. it is, i believe, not in accordance with the practice of this high court to interfere on a reference by a sessions judge where the government could have appealed under section 417 of the code of criminal procedure and has not done so. i am confirmed in this view by the government advocate. in this case the acquittal was brought to the attention of the sessions, judge by an application in revision by a private complainant though he himself says further that even apart from such application he would have thought it desirable.....
Judgment:

Boys, J.

1. This is a Reference by the Sessions Judge of Mainpuri recommending that the acquittal of one of the two parties in the cross riot cases be set aside on the ground that the finding that the persons acquitted had exercised a right of private defence was wrong. It is, I believe, not in accordance with the practice of this High Court to interfere on a reference by a Sessions Judge where the Government could have appealed under Section 417 of the Code of Criminal Procedure and has not done so. I am confirmed in this view by the Government Advocate. In this case the acquittal was brought to the attention of the Sessions, Judge by an application in revision by a private complainant though he himself says further that even apart from such application he would have thought it desirable to refer the case to the High Court in consequence of the view that he had formed and expressed in trying the other appeal in the cross-case. It was similarly open to the, applicant to move the District Magistrate, to move the Government and,, this was the proper course for him to. adopt. As this is merely a question of procedure by which I am bound not affecting the merits into which I have not entered, I direct, in returning the reference to the Sessions Judge, that the record be placed before the District Magistrate for his consideration.


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