Crl. Revision No. 2491 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 54277 of 2008 in/and Crl. Revision No. 2491 of 2008 (O&M) Date of decision: August 9, 2010 Punjab State Civil Supplies Corporation Ltd. ...Petitioner Versus The State of Punjab and others ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. SS Bedi, Advocate, for Mr. CS Bakhshi, Advocate, for the applicant/petitioner. Mr. AS Brar, Sr. DAG, Punjab, for respondent No. 1. Mr. Jatinder J.C. Nagpal, Advocate, for respondent No.2. GURDEV SINGH, J. Heard. Petitioner-Punjab State Civil Supplies Corporation Ltd. has preferred this revision petition against the judgment dated 16.8.2007 passed by the Sub Divisonal Judicial Magistrate, Amloh, vide which he acquitted respondents No.2 to 5 of the offence under Section 406 IPC. An amendment was made in Section 372 of the Criminal Procedure Code (hereinafter referred to as 'the Code') and as per the newly added proviso to that Section a victim has the right to file an appeal against the judgment of acquittal before the court to which such appeal lies. After that amendment, all the appeals against the judgment of acquittal passed by the Judicial Magistrate are to be filed before the Sessions Judge. According to Section Crl. Revision No. 2491 of 2008 2 401 (5) of the Code, when an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. By virtue of that section, this revision is ordered to be treated as an appeal. The above said amendment being an amendment in the procedure is to be read and applied retrospectively. This appeal against the acquittal is to be heard and decided by the Sessions Judge. Accordingly, the same is withdrawn from the file of this Court and is transferred to Sessions Judge, Fathegarh Sahib, for deciding the same in accordance with law. The parties are directed to appear before him on 14.10.2010. August 9, 2010 (GURDEV SINGH ) prem JUDGE