[Criminal Appeal No.741 of 2009]. This appeal has been preferred against the Judgment and Order dated 21st November, 2006 passed by the High Court of Allahabad in Criminal Revision Case No.1159 of 2002. By the impugned order, the High Court has allowed the revision petition filed by the Respondent, set aside the order dated 30th July, 2002 passed by Judicial Magistrate, Ghaziabad, in Case No.356 of 2002 and remanded the matter back to the trial Court for fresh decision in accordance with law. We have heard learned counsel for the parties. The question raised for our consideration is whether in exercise of revisional jurisdiction, the High Court was justified in setting aside the acquittal of the appellant, having regard to the facts and circumstances of the case. The appellant and Respondent No.1 were married on 25th January, 1996. The appellant belongs to Allahabad where his parents live and the respondent belonged to Jabalpur where her parents are living. The appellant is said to be employed at Delhi in Central Government. The appellant-husband filed a divorce petition on 7th July, 1997 at Allahabad Family Court. The wife lodged First Information Report dated 4th November, 1997 at Ghaziabad making allegations of cruelty against the husband. After investigation, the husband and four of his family members were tried under Sections 498-A, 406, 506 IPC and 3/4 of the Dowry Prohibition Act before the Judicial Magistrate, Ghaziabad, in Case No.356/2002. The trial ended in acquittal of all the accused including the appellant vide Order dated 30th July, 2002.
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