SHIV KUMAR AGARWAL S/O GULAB CHAND Vs. THE STATE OF RAJASTHAN
LAWS(RAJ)-2017-7-198
HIGH COURT OF RAJASTHAN
Decided on July 28,2017

Shiv Kumar Agarwal S/O Gulab Chand Appellant
VERSUS
The State Of Rajasthan Respondents

JUDGEMENT

PANKAJ BHANDARI,J. - (1.) Complainant-petitioner has preferred two revisions and accused has preferred a revision aggrieved by judgment and order dated 10.06.2016 passed by Additional Sessions Judge No.2, Alwar, whereby, order passed by the Court below was set-aside and the matter was remanded to the Court below for deciding the matter afresh.
(2.) It is contended by counsel for the complainant-petitioner that as per provisions of Section 346 Cr.P.C., 1973 the Appellate Court cannot remand the matter for deciding it afresh.
(3.) My attention is drawn to Sub-Clause (a) and (b) of Section 386 Cr.P.C., 1973 Sub-Clause (a) deals with an appeal from an order of acquittal wherein the Appellate Court can direct further inquiry to be made and Sub-Clause (b) deals with an appeal against conviction and therein there is no provision for directing further inquiry.;


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