Madhya Pradesh High Court
Smt Rajeshwari Rajput vs The State Of Madhya Pradesh on 17 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:46134
1 CRA-9767-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 17th OF SEPTEMBER, 2025
CRIMINAL APPEAL No. 9767 of 2019
SMT RAJESHWARI RAJPUT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shubham Mishra - Advocate for the appellant.
Shri Manohar Meena - Panel Lawyer for the respondent/State.
ORDER
Heard on I.A. No.702 of 2020 - an application for conversion of this criminal appeal filed under Section 378(2) of Cr.P.C. into criminal appeal under Section 372(2) of Cr.P.C.
On due consideration and for the reasons mentioned in the application, I.A. No.702 of 2020 is allowed and the appellant is permitted to carry out necessary amendments during the course of the day.
Having heard the learned counsel for the parties and after perusal of record, it reveals that this criminal appeal has been filed under Section 413 of BNSS, 2023 / 372 of Cr.P.C., being aggrieved with the judgement dated 20.11.2018 passed by the Additional Chief Judicial Magistrate, Sagar in Criminal Case No.5504/2009, whereby respondents No.2 & 3/accused have been acquitted for the offence under Section 406 of IPC.
2. Section 413 reads as follows:
Signature Not Verified Signed by: DINESH VERMA Signing time: 18-09-2025 09:54:10NEUTRAL CITATION NO. 2025:MPHC-JBP:46134 2 CRA-9767-2019 "413. 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 Sanhita 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. The proviso to Section 413 clearly mandates that appeal ought to be filed by the victim in the court where appeal against conviction ordinarily lies and appeal against such conviction lies in the Sessions Court, therefore, this appeal as per proviso to Section 413 shall also be filed before the concerned Sessions Court. Liberty is reserved to the complainant/appellant herein to file an appeal before the concerned Sessions Court, having regard to the proviso to Section 413 of BNSS (372 of Cr.P.C.) within four months from today.
4. However, it is made clear that if appeal was filed before this Court within limitation or if appeal was not filed within limitation before this Court but issue of limitation has already been decided by this Court and the delay in filing the appeal has been condoned and appeal before concerned Sessions Court is filed within the period of four months from today, then, issue of limitation shall not be raised by respondent or by the Appellate Court, but if appeal was not filed before this Court within limitation as prescribed in the Limitation Act or any application for condonation of delay is pending today, then, the issue of limitation/ the same shall be decided by the Appellate Court in accordance with provisions of law.
5. Certified copy of documents, if any, filed by the Signature Not Verified Signed by: DINESH VERMA Signing time: 18-09-2025 09:54:10 NEUTRAL CITATION NO. 2025:MPHC-JBP:46134 3 CRA-9767-2019 complainant/appellant in the instant appeal, shall be returned back to complainant/appellant after substituting photocopy of the same.
6. Record of the trial Court, if available, shall be sent back immediately to the concerned Court.
7. Appeal filed by the appellant/complainant is disposed off in term as above.
(RAJENDRA KUMAR VANI) JUDGE DV Signature Not Verified Signed by: DINESH VERMA Signing time: 18-09-2025 09:54:10