Punjab-Haryana High Court
Mukhtiar Singh vs State Of Punjab And Others on 8 May, 2012
Author: S.S. Saron
Bench: S.S. Saron, Naresh Kumar Sanghi
Crl. Misc. No.A-123-MA of 2012 (O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
......
Crl. Misc. No.A-123-MA of 2012 (O & M)
Date of decision: 08.05.2012
Mukhtiar Singh .....Applicant
Versus
State of Punjab and others ..... Respondents
CORAM:HON'BLE MR. JUSTICE S.S. SARON
HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr. G.S. Sandhu, Advocate for the applicant.
S.S. SARON, J.
The criminal miscellaneous application has been filed by the complainant seeking leave to appeal against the acquittal of respondents No.2 to 5 by the learned Additional Sessions Judge, Patiala vide her judgment and order dated 21.10.2011. Along with the application for grant of leave to appeal, an application has been filed seeking condonation of 15 days delay in filing the application for leave to appeal.
After giving our thoughtful consideration to the matter, it may be noticed that an application for grant of leave to appeal against acquittal of an accused in terms of the proviso to Section 372 of the Code of Criminal Procedure (Cr.P.C-for short) is maintainable by a "victim" . Section 2(wa) Cr.P.C defines "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the Crl. Misc. No.A-123-MA of 2012 (O & M) -2- expression "victim" includes his or her guardian or legal representative of the deceased. The deceased in the present case is Jaswinder Singh alias Jassa and the complainant is admittedly not his legal representative. Besides, he is not an injured. Therefore, an application for grant of leave to appeal at the behest of the complainant who is not an injured nor a legal representative of the deceased, would not be maintainable. In the circumstances, the application for grant of leave to appeal by the applicant-Mukhtiar Singh is not maintainable. Consequently, the question of delay of 15 days in filing the application for grant of leave to appeal is only academic.
Accordingly, the application for grant of leave to appeal as also the application seeking condonation of delay are dismissed.
( S. S. Saron ) Judge ( Naresh Kumar Sanghi ) Judge 08.05.2012.
A.Kaundal