Allahabad High Court
Jai Prakash Singh vs State Of U.P. & 2 Others on 6 March, 2017
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?A.F.R. Court No. - 52 Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 29 of 2017 Applicant :- Jai Prakash Singh Opposite Party :- State Of U.P. & 2 Others Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Harsh Kumar,J.
Heard learned counsel for the parties and perused the record.
Application for leave to file appeal against the judgment and order dated 26.10.2016 passed by Additional Session Judge, Court No. 6, Mirzapur in S.T. No. 148 of 2016 (State Versus Amul Kumar Singh @ Om Prakash Singh and another) pertaining to Case Crime No. 536 of 2005, under section 3(1) of U.P. Gangster and Anti Social Activities Prevention Act 1986, Police Station Adalhat, District Mirzapur, has been moved by Shri Jai Prakash Singh.
Learned counsel for the applicant-appellant contended that in one of cases shown against the respondents in the gang chart Case Crime No. 327A of 2004 under sections 147, 323, 427, 504 and 506 I.P.C. P.S. Adalhat, District Mirzapur, the applicant-appellant is the first informant and so though he was not called as a witness, he is interested in conviction of the respondents in Case Crime No. 536 of 2005 under section 3(1) of U.P. Gangster and Anti Social Activities Prevention Act 1986.
The provisions of Section 372 Cr.P.C. are as under:-
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.] From the above provisions, it is clear that by way of amendment, in the code of civil procedure it has been provided that the victim shall also be having 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.
In the present case, the applicant-appellant is neither first informant, nor injured, nor heir of deceased and merely for the reason that he is the first informant of one of the cases shown in gang chart, which appears to be cross case in view of Case Crime No. 327A of 2004, and relating to the too minor offences, he may not be considered to be a victim of this case and may not considered to be aggrieved with the impugned judgment and order. Since the applicant is not a victim, he has no locus standi to file appeal.
Accordingly, the application for grant of leave to file appeal is dismissed and consequently the appeal also stands dismissed.
Order Date :- 6.3.2017/Sharad/-
Order on Memo of Appeal Hon'ble Harsh Kumar,J.
Dismissed.
For order, see order of date passed on application for grant of leave to file appeal.
Order Date :- 6.3.2017