AIR 1952 ALLAHABAD 461

Allahabad High Court

Hon'ble Judge(s): Kidwai , J

Criminal P.C. (5 of 1898) , S.439— Revision against acquittal - Power to order retrial. The High Court is not powerless to entertain a revision against an acquittal at the instance of private complainant: AIR (37) 1950 All 266, Not followed.(Para 4) A and B were tried together for offence under S. 408, Penal Code. A was convicted of the offence while B was acquitted. In appeal by A against his conviction the appellate Court acquitted A also without applying its mind to the real points for determination. Its findings were also confused. On revision by the complainant against A's acquittal : Held that in the circumstances of the case a retrial should not be ordered but that it would be sufficient to direct a rehearing of the appeal : AIR (28) 1941 Oudh 182, Rel. on.(Para 6) Anno : Cr. P. C., S. 439, N. 12.