' In continuation of my order, dated 10-4-2001, learned counsel for the respondents has relied upon 1997 PCr.LJ 1626. He submits that the petitioner was acquitted under section 249-A, Cr.P.C. And no appeal lies before this Court. He further submits that the learned lower appellate Court was right in setting aside the order of the learned Magistrate.
2. On the other hand learned Additional A.G. Submits that only an appeal was competent before this Court and revision petition which was filed by the respondents before the learned Sessions Judge was not maintainable.
3. I have heard the learned counsel for the parties. I very respectfully disagree with the judgment cited by the learned counsel for the respondent. I would like to refer subsection (5) of section 439, Cr.P.C. Which is -eproduced below:-- "Where under code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed."
' A bare perusal of this section would show that when an appeal is provided under the law then no revision is competent. In this view of the matter, this petition is accepted and the impugned order of the learned lower appellant Court is set aside. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.