Punjab-Haryana High Court
Municipal Council vs Ram Rattan on 15 May, 2012
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Misc. No.641-MA of 2011
Date of decision: 15.5.2012
Municipal Council, Bawanigarh
...... Applicant
Versus
Ram Rattan
...... Respondent
CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr. Rahul Sharma, Advocate
for the applicant.
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Rakesh Kumar Garg, J.
1. This application under Section 378(5) for leave to appeal has been filed by the complainant against judgment dated 22.4.2011 passed by Judicial Magistrate Ist Class, Sangrur, vide which, complaint under Section 195 and 195-A(2) of the Punjab Municipal Act has been dismissed and the respondent was acquitted.
2. 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:CRM No.641-MA of 2011 2
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 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."
3. This Court, vide order dated 23.08.2010 in Crl. Misc. No. A-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.
4. 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 The present application for leave to appeal is ordered to be withdrawn from this Court and the application is permitted to file an appeal before the Sessions Judge Sangrur.
5. Let the appeal be filed within 30 days from today before the Sessions Judge, Sangrur.
6. Needless to say that if such an appeal is filed before the Sessions Judge, Sangrur 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) ak JUDGE