Surjit Kaur vs Rajwant Kaur & Others on 14 May, 2012

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Punjab-Haryana High Court

Surjit Kaur vs Rajwant Kaur & Others on 14 May, 2012

Bench: Rakesh Kumar Garg

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH


                                   Crl. Misc. No.4-MA of 2009(O&M)
                                         Date of decision: 14.5.2012

Surjit Kaur
                                                        ...... Applicant

                              Versus
Rajwant Kaur & others
                                                    ...... Respondents

CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG


Present:    None.
            ----

Rakesh Kumar Garg, J.

CRM No.2422 of 2009:

There is a delay of 38 days in filing this application under Section 378(4) CrPC for grant of leave to appeal against the order of acquittal dated 14.7.2008 passed by Judicial Magistrate Ist Class, Amritsar.

After considering the averments made in the application, which are supported by an affidavit of the applicant, delay of 38 days in filing this application is condoned. Crl. Misc. No.4-MA of 2009 (O&M):

1. This application under Section 378(4) for leave to appeal has been filed by the complainant against judgment dated 14.7.2008 passed by Judicial Magistrate Ist Class, Amritsar, vide which, complaint under Sections 499/500 IPC has been dismissed.

CRM No.4-MA of 2009 2

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:

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 above, the present application for leave to appeal is allowed to be withdrawn from this Court and the applicant is permitted to file an appeal before the Sessions Judge, Amritsar on or before 30.5.2012.

5. The applicant is directed to appear before the said Court on 30.5.2012.

CRM No.4-MA of 2009 3

6. The Sessions Judge, Amritsar is directed to dispose of the appeal after giving notice to the parties. Needless to say that if such an appeal is filed before the Sessions Judge, Amritsar 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 14, 2012                            (RAKESH KUMAR GARG)
ak                                             JUDGE

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