Khushi Ram vs Surender Khandelwal on 15 May, 2012

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Punjab-Haryana High Court

Khushi Ram vs Surender Khandelwal on 15 May, 2012

Bench: Rakesh Kumar Garg

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                              Crl.Misc.No.545-MA of 2011 (O&M)
                              Date of decision:15.05.2012

Khushi Ram                                              ....Appellant


                              Versus

Surender Khandelwal                                     ....Respondent


CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG


Present:   None for the parties.
                              ***

RAKESH KUMAR GARG, J (ORAL)

The application for leave to appeal, against the impugned judgment dated 21.05.2011 passed by the Judicial Magistrate Ist Class, Rewari, whereby the respondent-accused has been acquitted of the charges framed against him, has been filed at the instance of the complainant.

It is useful to refer to Section 372 CrPC, as amended w.e.f. 31.12.2009, whereby a proviso has been inserted, giving right of appeal to the victim before the Sessions Judge. Section 372 CrPC reads thus:-

"372. No appeal to lie unless otherwise provided. - No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for Crl.Misc.No.545-MA of 2011 (O&M) -2- a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court."

This Court, vide order dated 23.08.2010 in Crl.Misc. No.586-MA of 2009 titled as, Dr. Gian Singh Kamboj vs. Dr. Nirmaltej Singh Sodhi and another", has observed that after the amendment made in Section 372 Cr.P.C, all the appeals against the judgment/orders passed by Judicial Magistrate lie before the Sessions Judge. The said amendment being an amendment in the procedure is to be read and applied retrospectively.

In view of the aforesaid amended provision of Section 372 CrPC, the applicant is relegated to the aforesaid remedy. The present application for leave to appeal is ordered to be withdrawn from this Court and the applicant is permitted to file an appeal before the Sessions Judge, Rewari.

Let the appeal be filed within 30 days from today before the Sessions Judge, Rewari.

Needless to say that if such an appeal is filed before the Sessions Judge, Rewari, along with the application for condonation for delay, the said application for condonation of delay, shall be considered in accordance with law but sympathetically.

May 15, 2012                       (RAKESH KUMAR GARG)
savita                                  JUDGE

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