Patna High Court - Orders
Sanjay Pandit vs State Of Bihar & Ors on 23 February, 2012
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.316 of 2010
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Sanjay Pandit
.... .... Petitioner/s
Versus
State Of Bihar & Ors
.... .... Opp. Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar "Ghosarvey"
For the Opp. Party/s : Mr. Gauri Shankar Gupta, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
2 23-02-2012Learned counsel for the petitioner and learned A.P.P. for the State are present.
Learned counsel for the petitioner submits that in view of amendment brought in Section 372 of the Code of Criminal Procedure, 1973 by the Amendment Act, 2008 with effect from 31.12.2009 (hereinafter referred to as the "Code"), the petitioner being the victim, has been given a right to prefer an appeal against acquittal or conviction for a lesser offence or imposition of inadequate compensation by the court. He submits that the present case comes under the purview of the newly added proviso to Section 372 of the Code.
Considering the submission of learned counsel for the petitioner and after going through the provisions of Section 372 as amended by the Code of Criminal Procedure (Amendment) Act, Patna High Court CR. REV. No.316 of 2010 (2) dt.23-02-2012 2 2008 (5 of 2009), this court is an agreement with the submission of learned counsel for the petitioner.
Accordingly, as prayed for by learned counsel for the petitioner, three weeks time is granted for converting the present Revision Application into Criminal Appeal under Section 372 of the Code.
Learned counsel for the petitioner submits that a Division Bench of this Court in the case of Raghunath Yadav Vs. State of Bihar, reported in 2010 (4) PLJR 351 has held that for filing an appeal under Section 372 of the Code, the period of limitation shall be 90 days and in view of the fact that the present Revision Application has been filed on 03.03.2010 against the order dated 21.12.2009, i.e., well within 90 days, the conversion of this Revision Application into Criminal Appeal, may not be treated to be barred by limitation. If the petitioner converts the present Revision Application into Criminal Appeal under Section 372 of the Code within a period of three weeks from today, the said shall be treated to be within the limitation period.
(Ahsanuddin Amanullah, J) Anjani/-