Madhya Pradesh High Court
Kanti Prakash Goyal Th Son And Power Of ... vs Murti Parasnath on 22 February, 2016
M.Cr.C. No.8946/2014
(Kanti Prasad Goyal Vs. Murti Parasnath)
22.02.2016
Shri Sourabh Goyal, the petitioner present in person.
Shri Kamal Jain, counsel for the respondent.
Heard on admission.
The applicant has moved the present petition under Section 482 of Cr.P.C. to restore the proceedings of Criminal Appeal No.915/2013 filed through the applicant himself that the matter was dismissed on 28.08.2014 in want of prosecution.
At present, it would be apparent that the matter was filed by Kanti Prasad Goyal, who has expired on 06.11.2013 and, therefore, if any Power of Attorney given by Shri Kanti Prasad Goyal to the applicant after his death, the concerned Power of Attorney is still in its effect. No reason has been shown by the applicant as to whether he did not appear before Single Bench of this Court on 28.01.2013.
If mertis of that appeal is considered then the applicant has filed an appeal under Section 454 of Cr.P.C. against the order dated 10.09.2013 passed by the District Judge, Gwalior in First Appeal No.24/2013. The appeal under Section 454 of Cr.P.C. is prescribed against the order passed by the Criminal Court under Section 542 or 453 of Cr.P.C. and no Criminal Appeal under Section 454 of Cr.P.C. can be filed against the order passed by the Civil Court. It is pertinent to note that the First Appeal No.24/2013 was filed by the applicant on civil side and it was mentioned that the appeal was filed under Section 454 of Cr.P.C. whereas the District Judge, Gwalior has mentioned that such appeal against the civil order is not maintainable. Under these M.Cr.C. No.8946/2014 circumstances, the order dated 10.09.2013 passed by the District Judge, Gwalior appears to be passed in criminal appeal under Section 454 of Cr.P.C. and therefore, against that order, no further appeal can be filed by the applicant.
Under these circumstances, where the applicant was not able to file criminal appeal under Section 454 of Cr.P.C. against the order passed by the Civil Court and when the Appellate Court has already found that his appeal under Section 454 of Cr.P.C. is not maintainable against the Civil Order. Against that order, no further appeal can be filed and therefore, the Criminal Appeal No.915/2013 filed by the the applicant was not at all maintainable and, therefore, if it is restored generously, the applicant will not get any relief against the appeal which was not maintainable.
Under these circumstances, it is not a good case in which the petition under Section 482 of Cr.P.C. filed by the applicant may be accepted and Criminal Apeal 915/2013 may be restored. Consequently, petition under Section 482 of Cr.P.C. filed by the applicant Kanti Prasad Goyal is hereby dismissed at motion stage.
(N.K. Gupta) Judge Sateesh