LAWS(GAU)-1955-12-1

NINGOMBAM DAMU SINGH Vs. KHAIDEM MANGOLJAO SINGH AND ORS.

Decided On December 22, 1955
Ningombam Damu Singh Appellant
V/S
Khaidem Mangoljao Singh And Ors. Respondents

JUDGEMENT

(1.) THIS is an application in revision under Section 439, Criminal P. C., against an order of acquittal passed by Sri O. Niladhwaja Singh, E. A. C., First Class Magistrate, Manipur in Criminal Case No. 167 of 1904, dated 25 -2 -1955, and a revision application No. 167 of 1954, against this order has already been dismissed by the learned Sessions Judge, Manipur, on 14 -G -1955.

(2.) IT appears that Ningombam Damu Singh, petitioner had come to Court with the allegation that Khaidem Mangoljao Singh, opposite party 1 had called him to his house on the pretext that he had to talk to the petitioner on an important business and when the petitioner reached there, he was bound and beaten by all the remaining opposite parties.

(3.) THERE is no doubt that in cases where serious or substantial injustices is caused by an error of law, the High Court can interfere in revision with an order of acquittal; vide - 'Mahammad Saheb Ali v. Thulesvar Borah' (S) : AIR 1955 GAU 211 vide also - 'Sitaram v. Tilok -chand' : AIR 1933 Nag 36 and - 'Babu Mal v. Ghasi', AIR 1928 Lah 185.