In Re: Narappa Reddy and Others

Burn, J.—The direction of the learned Sessions Judge, remanding the case for a de novo trial, is without jurisdiction. The counter.petitioners have not been convicted so that Section 423(1)(b), Criminal P.C., does not apply. This is a case of an appeal from an order other than an order of acquittal or conviction, and therefore u/s 423(1)(c) the learned Sessions Judge could alter or reverse such order and u/s 423(1)(d) he could make any consequential order that might be just or proper. He could not order a de novo inquiry.

The learned Sessions Judge's reversal of the order of the learned Sub-divisional Magistrate is correct for the reasons given by him. The consequential order that should be made is that the learned Sub-divisional Magistrate should, after hearing both sides, write a proper judgment in the light of the observations of the learned Sessions Judge. That order I now make. The order for de novo inquiry is set aside as being without jurisdiction.