O.P. Jain, J. - (1.) A case under Sections 147, 323 and 452 Indian Penal Code was filed by the police against the six applicants. Out of them namely Maharaj Singh, Raghubendra Singh and Satendra Singh filed an application that they admit their guilt and their case may he decided. The application was filed on 7.5.1994 and on the same day the learned Magistrate convicted them under the above sections but extended the benefit of Uttar Pradesh Probation Act and released them on personal bonds and surety bonds for six months.
(2.) Being aggrieved against the order the complainant filed a revision before the Sessions Judge who has ordered a re-trial. Therefore, the present application under Section 482 Criminal Procedure Code, has been filed. The learned counsel for the applicant has argued that under Section 401 Sub-Clause 4 Cr. P.C. on revision is maintainable where an appeal lies. It is also argued that under Section 374 Sub-clause 3(c) an appeal lies against an order passed under Section 360 Criminal Procedure Code.
(3.) This contention has no force because the appeal provided under Section 374 Sub-clause 3 (c) Criminal Procedure Code is to he filed by a convicted person and not by a complainant. Therefore, the revision tiled by the complainant under the circumstances of the case was maintainable.;