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TMI Blog1970 (3) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the present appellant Bhimappa had no locus-standi to invoke Section 417(3) of the CrPC and to ask for special leave to file an appeal against the acquittal of the respondent. The appellant questions the correctness of the order. 2. Bhimappa (appellant) had a house at Athni, Taluka Belgaum District. It stood in the name of his eldest son and his two other sons lived in one part of the house and the other part was let out to the first respondent Laxman who ran a boarding house and also lived there with his wife and children and his mistress Champevva, the second respondent. No rent was fixed but the sons of Bhimappa used to have their meals with respondents Nos. 1 and 2. Bhimappa asked his tenant to vacate the house as he wanted to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt held on November 28, 1966 as follows : The petitioner has no locus standi to prefer an appeal when the State had prosecuted the respondent in the Sessions Court. This petition is dismissed. Sd/- H. Hombe Gowda, Chief Justice, Sd/- M. Santhosh, 6. Bhimappa filed also a revision application, which was dismissed on December 5, 1966 by C. Honniah J. Bhimappa's request for a certificate was also rejected. He now appeals to this Court. His contention is that he had a right to move the High Court under Section 417(3) of the CrPC for special leave as the order of acquittal was passed in a case instituted upon his complaint. The High Court could not, therefore, hold that he had no standing to move the High Court under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he word 'case' is not defined by the Code but its meaning is well-understood in legal circles. In criminal jurisdiction means ordinarily a proceeding for the prosecution of a person alleged to have committed an offence. In other contexts the word may represent other kinds of proceedings but in the context of the sub-section it must mean a proceeding which at the end results either in discharge, conviction, or acquittal of an accused person. 10. What is meant by 'instituted' may next be explained. There are three different ways in which cognizance is taken by Magistrates of offences. This is stated in Section 190 of the Code. They are : (a) upon receiving a complaint of the facts which constitute an offence; (b) u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ases by Magistrates, Chapter XXI with the trial of Warrant cases by Magistrates, Chapter XXII with summary trials and Chapter XXIII with trial before High Courts and Courts of Sessions. 13. The offence here was mischief by fire with intent to destroy a house etc. punishable under Section 436 I.P.C. This offence is triable exclusively by the Court of Session. Section 207 of the CrPC provides : Procedure in inquiries preparatory to commitment-- In every inquiry before a Magistrate where the case is triable exclusively by a Court of Session or High Court, or in the opinion of the Magistrate, ought to be tried by such Court, the Magistrate shall-- (a) in any proceeding instituted on a police report, follow the procedure specified in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly by the Court of Session the procedure under Sections 296-220 has to be followed if the complaint is filed initially. There are other sections in the Chapter and other Supplementary provisions which are not relevant to the discussion and, therefore, reference to them, is omitted here. 15. The position regarding other cases triable by the Magistrate himself or by another magistrate are laid down in Chapter XVI. There the magistrate shall examine the complainant and the witnesses present, if any. The Magistrate may even send the case to the police for investigation under Section 156(3) if he is empowered to act under Section 190. This procedure of course does not arise in cases in which the trial is of an offence triable by the Court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion of merger because the identity of the two cases is maintained right up to the end of the Sessions trial. The case of Bhimappa proceeded on its own number and although evidence was led in both the cases together, the acquittal was recorded in each of the two cases. The police did not present a charge-sheet against Mallappa and the trial of Mallappa can be said to be in the other case and not in the case filed by the police. In this view of the matter it is quite plain that Bhimappa was entitled to move the High Court for special leave in his own case. The order saying that he had no standing cannot, therefore, be sustained. 19. Bhimappa had also applied for revision and his application was rejected. He applied for special leave aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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