Punjab-Haryana High Court
Dr. Gian Singh Kamboj vs Dr. Nirmal Tej Singh Sodhi And Another on 23 August, 2010
Crl. Misc. No. 586 MA of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. 586 MA of 2009 (O&M)
Date of decision: August 23, 2010
Dr. Gian Singh Kamboj
...Appellant
Versus
Dr. Nirmal Tej Singh Sodhi and another
...Respondents
CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH
Present: Mr. DS Bali, Senior Advocate, with
Mr.Salil Bali, Advocate,
for the applicant/appellant.
GURDEV SINGH, J.
Heard.
Applicant-Dr. Gian Singh Kamboj, has preferred this appeal against the judgment dated 19.8.2009 passed by the Judicial Magistrate Ist Class, Karnal, vide which he acquitted respondents of the offences under Sections 385, 501, 502, 504/120B IPC. Alongwith the appeal an application under Section 378 (4) of the Criminal Procedure Code (hereinafter referred to as 'the Code') has been filed for grant of leave of this Court to appeal. An amendment was made in Section 372 of the Code and as per the newly added proviso to that Section a victim has the right to file an appeal against the judgment of acquittal before the court to which such appeal lies. After that amendment, all the appeals against the judgment of acquittal passed by the Judicial Magistrate are to be filed before the Sessions Judge. The above said amendment being an amendment in the procedure is to be read and applied retrospectively. This appeal against the Crl. Misc. No. 586 MA of 2009 2 acquittal is to be heard and decided by the Sessions Judge. Accordingly, the same is withdrawn from the file of this Court and is transferred to Sessions Judge, Karnal, for deciding the same in accordance with law.
The parties are directed to appear before him on 9.11.2010.
August 23, 2010 (GURDEV SINGH ) prem JUDGE