Jagdish Raj vs Diwan Chand And Others on 23 July, 2021
"40. This question has been considered in the
celebrated judgment of Akalu Ahir v. Ramdeo Ram
[(1973) 2 SCC 583 : 1973 SCC (Cri) 903] , where,
after considering the judgments of D. Stephens v.
Nosibolla [AIR 1951 SC 196 : 1951 SCR 284] ,
Logendranath Jha v. Polai Lal Biswas [AIR 1951
SC 316 : 1951 SCR 676] , K. Chinnaswamy Reddy
v. State of A.P. [AIR 1962 SC 1788 : (1963) 3 SCR
412] and Mahendra Pratap Singh v. Sarju Singh
[AIR 1968 SC 707 : (1968) 2 SCR 287] this Court
came out with categories of cases which would
justify the High Court in interfering with the finding
of acquittal in revision: (Akalu Ahir case [(1973) 2
SCC 583 : 1973 SCC (Cri) 903] , SCC pp. 587-88,
para 8)
"(i) where the trial court has no jurisdiction to try
the case, but has still acquitted the [appellant-
]accused;