CRR-1036-2008 1 202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-1036-2008 Date of decision : 17.07.2026 Khajan Chand and another ...Petitioners Vs. Nirmala Devi and another ...Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK MANCHANDA Present: Mr. R.P.S.Jammu, Advocate for Mr. L.S.Kamboj, Advocate for the petitioner(s). Ms. Shaveta Sanghi, DAG, Haryana. Ms. Sony, Advocate for respondents through VC. *** DEEPAK MANCHANDA , J. The present criminal revision petition has been filed against the order dated 05.11.2007 passed by learned Additional Sessions Judge, Sirsa, whereby respondents were acquitted of the charges levelled against them. 2. Learned counsel for respondents has put an appearance through video conference. 3. Learned counsel for respondents has relied upon the judgment passed by the Hon’ble Supreme Court in Krishnan and others Vs. M.Shanmugam and another passed in Criminal Appeal No.2706 of 2025 @ SLP (Crl) No.2863 of 2020, decided on 20.05.2025. The relevant paras of the judgment are extracted below:- “4. The short issue that has been raised herein is whether the High Court in exrecise of revisional jurisdiction under Section 401 VANITA 2026.07.20 17:22 I attest to the accuracy and authenticity of this order and judgment CRR-1036-2008 2 of the Code of Criminal Procedure is justified in setting aside the order of acquittal and convict the accused by converting the findings of acquittal into that of a conviction. 5. This short question has been answered by this Court in Joseph Stephen and others V.Santhanasamy and others [(2022) 13 SCC 115] as also in the latest decision of this Court rendered in Criminal Appeal No.3705/2024 [C.N.Shantha Kumar v. M.S.Srinivas] dated 02.09.2024 wherein it has been held that in view of sub-Section (3) of Section 401 of Cr.P.C., the High Court does not have an authority to convert the findings of acquittal into one of conviction while exercising the revisional jurisdiction.” 4. Learned counsel for the respondents submits that the present revision petition is not maintainable as under the revisional jurisidiction under Section 401(3) of the Code of Criminal Procedure, judgment of acquittal cannot be set aside by converting the findings of acquittal into one of the conviction. 5. In view of the above, present revision petition stands dismissed as not maintainable. 6. The pending miscellaneous application, if any, is also disposed of as such. (DEEPAK MANCHANDA) JUDGE 17.07.2026 vanita Whether speaking/reasoned : Yes No Whether Reportable : Yes No VANITA 2026.07.20 17:22 I attest to the accuracy and authenticity of this order and judgment