Deo Narayan Thanvi, J. - (1.) Heard learned counsel for the parties.
(2.) This revision petition has been filed against the order dated 15.3.2004 passed by the learned Addl. Chief Judicial Magistrate, No.7, Jodhpur, whereby, the non petitioners Jabar Singh and Nathu Singh were acquitted for offence under Sections 341, 325/323 and 452 IPC on the basis of the challan filed by the police in criminal case No.170/2000. This case was instituted on the FIR lodged by the petitioner Shaitan Singh at police station Luni on 19.4.98.
(3.) Against this order of acquittal, previously a revision petition was filed before the learned Addl. Sessions Judge, Jodhpur under Section 397 Cr.P.C. and the same was dismissed on 3.11.2004 by observing that no revision is maintainable under Section 397 Cr. P.C. against the order of acquittal passed by the Magistrate and the remedy available in such cases is only the appeal against the order of acquittal under Section 378 Cr.P.C. Against this order of dismissal of the revision, petitioner invoked two remedies, firstly, he has filed leave to appeal against the order of acquittal, which was dismissed by this Court on 15.12.2004, wherein, it has been held that appeal against acquittal under Section sub-section (4) of 378 Cr.P.C. can be preferred only by the complainant in a case instituted otherwise than on police report. Thereafter,the petitioner also challenged the order of the learned Sessions Judge by way of petition under Section 482 Cr. P.C. before this Court and the learned Single Judge of this Court vide order dated 25.2.2005, found no infirmity in the order of the learned Addl. Sessions Judge with regard to non maintainability of the revision against the order of acquittal. Against this,the petitioner went to the Hon'ble Supreme Court, where, the Special Leave to Appeal was dismissed as withdrawn. The relevant order of the Hon'ble Supreme Court is as under: "Learned counsel for the petitioner seeks leave to withdraw this petition with liberty to file appropriate proceedings before the High Court against the order of acquittal, namely, a petition under Section 401 of the Code of Criminal Procedure. The Special Leave Petition, as prayed, is dismissed as withdrawn.";