Anu Kumari @ Anju Kumari vs State Of Bihar & Anr on 23 February, 2012

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Patna High Court - Orders

Anu Kumari @ Anju Kumari vs State Of Bihar & Anr on 23 February, 2012

Bench: Ahsanuddin Amanullah

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Revision No.211 of 2010
                 ======================================================
                 Anu Kumari @ Anju Kumari
                                                                       .... .... Petitioner/s
                                                  Versus
                 State Of Bihar & Anr
                                                                   .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    : Mr.
                 For the Opposite Pary/s    : Mr.
                 ======================================================
                                   CORAM: HONOURABLE MR. JUSTICE
                 AHSANUDDIN AMANULLAH
                 ORAL ORDER

3   23-02-2012

Learned counsel for the petitioner and learned APP for the State are present.

This application has been filed against the judgment dated 4.1.2010 passed by the Additional Sessions Judge, F.T.C. 2nd, Sheohar at Sitamarhi in Sessions Trial No. 461 of 2008, being aggrieved by the acquittal of opposite party no. 2 under section 376 of the Indian Penal Code.

In view of the amendment effected in Section 372 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as the 'Code') by the Amendment Act, 2008 with effect from 31.12.2009, by which a proviso has been added providing the victim a right to prefer an appeal against any order passed by the court acquitting the accused or convicting for the lesser offence or imposing inadequate compensation, learned counsel for the petitioner prays for and is granted eight weeks time to convert this Patna High Court CR. REV. No.211 of 2010 (3) dt.23-02-2012 2/2 revision application into criminal appeal under section 372 of the Code.

In view of the Division Bench decision of this Court in the case of Raghunath Yadav vs. The State of Bihar & others reported in 2010 (4) PLJR 351, holding that the period of limitation for filing appeal under section 372 of the Code shall be 90 days, the present revision application having been filed on 16.2.2010 against the judgment dated 4.1.2010 i.e., well within 90 days period of limitation, if the same is converted within eight weeks from today, it shall be deemed that the appeal has been filed within time.

(Ahsanuddin Amanullah, J) RPS/-

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Patna High Court - Orders