Devendra Marrappa Jingowda vs Shettappa Hooleppa Ventagatti

Norman Macleod, Kt., C.J.—This is an application in revision made by the complainant against an order of acquittal. The three accused were charged before the Third Class Magistrate of Khandesh for having committed of offences under Sections 352 and 504, Indian Penal Code. The Magistrate discharged the accused Nos. 2 and 3, and after carefully considering the evidence convicted accused No. 1 under Sections 352 and 504, Indian Penal Code, and ordered him to pay a fine of Rs. 30. In appeal the Sub-Divisional Magistrate reversed the conviction and acquitted the accused. We are told that no notice was sent by the appellate Court to the District Magistrate as should have been done u/s 422, Criminal Procedure Code. This no doubt was an irregularity, and had the District Magistrate moved in the matter, we should certainly have interfered, as was done by this Court in Emperor Vs. Shivlingappa Basappa, ; bat it is different matter when we are asked by the complainant to interfere and no objection has been raised by the District Magistrate to the proceedings of the appellate Court. Therefore we decline to pass any order on this application.