AIR 1930 LAHORE 159

Lahore High Court

Hon'ble Judge(s): Tek Chand , J

(A) Criminal P.C. (5 of 1898) , S.439— Improper order of acquittal can be set aside by High Court on appeal by Local Government or on reference by Sessions Judge. An improper order of acquittal can be set aside by the High Court either on a regular appeal by the Local Government when ordinarily moved by the District Magistrate or in revision ordinarily on a reference by the Sessions Judge. Where the first alternative is not available, there can be no legal bar to the adoption of the second alternative. But the power is to be exercised in exceptional cases only where there has been either denial of the right of a fair trial or a flagrant failure of justice. (B) Criminal P.C. (5 of 1898) , S.439— S. 439 need not be read subject to S. 417. Section 439 need not be read subject to S.417 and reference can be entertained when the Local Government has been moved to prefer an appeal or having been moved has declined to prefer such appeal. (C) Penal Code (45 of 1860) , S.218— Sub Inspector of Police making incorrect report with intent to cause injury to complainant is guilty under S.218. Where a Sub-Inspector of Police makes a report knowing it to be incorrect and wit....