- (1.) KHAGWAN Din, J. The revisionist Ashish Kumar Dixit is an accused in a murder case registered vide Crime No. 300 of 1998 at the police station Nawabganj Kanpur Nagar. He sought bail before the C. M. M. Kanpur Nagar, on the ground that he was below the age of 16 years, on the date of incident and he is thus a juvenile. The C. M. M. enquired into the matter and on the basis of the school leaving certifi cate and High School Examination marksheet declared him juvenile delin quent. Against this order the complainant of the case filed an appeal No. 117 of 1998 before the Sessions Judge Kanpur Nagar, who after hearing the parties counsel set aside the order of the C. M. M. and remanded the matter to the Court of C. M. M. to reconsider the entire matter in the right perspective after giving proper opportunity to the accused/applicant and prosecution to adduce their evidence. The order of the appellate Court is based on the report of S. O. Nawabganj "that Prin cipal of the V. S. S. High School Kaka Deo from where the transfer certificate and mark-sheet have been obtained and liled by the revisionist, reported that the revisionist had never been admitted nor he was student of his school. " Feeling ag grieved of this order of remanding the enquiry to the C. M. M. the present revision has been filed.
(2.) THE contention of the learned counsel appearing for the revisionist is that the appellate Court ought to have not obtained evidence at the appellate stage and on the basis of that evidence ought to have not sent the matter for further en quiry by the C. M. M. I am unable to agree with the above contention of the learned counsel for the revisionist that in any matter, at any stage, if it is brought to the notice of the appellate Court that there is material which belies the version of the respondent cannot be taken into consideration. In this matter the appellate Court has not obtained the additional evidence but only called for the report of the S. O. Nawabganj to remove the doubt, whether, the date of birth given in the above two papers is genuine or not and to get it examined and verified again. The appellate Court has remanded the matter to the C. M. M. for reconsidera tion and determination of the age of the accused. I do not find any legal or jurisdic-tional error, illegality or irregularity in hearing the appeal and making the above order. Besides, the order would not jeop ardise the interest of the revisionist, if the enquiry is squarely made and the correct position is thrashed out.
(3.) FOR the above reasons, the revision is dismissed summarily. Revision dismissed. .;