When the State did not file an appeal against the order of acquittal, the de facto complainant was left without any remedy. Given the facts and circumstances of the case, he had no alternative but to move the Sessions Judge in Revision.

The Sessions Judge, on his part, without delving into the merits of the case, dismissed the application outright on the strength of Section 378 of the CrPC. This section undoubtedly states that an appeal against an order of acquittal lies with the High Court.

However, it does not imply, much less state explicitly, that the Sessions Judge is barred from examining whether an order of acquittal was rightly or wrongly passed in a revisional matter before him under Section 399 by the aggrieved party.