Punjab-Haryana High Court
Jaspal Singh vs State Of Punjab And Another on 27 August, 2012
Author: S.S. Saron
Bench: S.S. Saron
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Revision No. 2626 of 2012
Decided on : 27th August 2012
Jaspal Singh
.....Petitioner.
Versus
State of Punjab and another
..... Respondents.
CORAM: HON'BLE MR. JUSTICE S.S. SARON
HON'BLE MR. JUSTICE S.P. BANGARH
*****
Present: Mr. Sidakmeet Sandhu, Advocate for the applicant.
***** S.P. BANGARH, J Vide separate order passed in CRM-A-930-MA of 2011, the instant revision has been dismissed.
(S.P. BANGARH) (S.S. SARON) JUDGE JUDGE August 27, 2012 sham
A right of appeal is provided by the proviso to Section 372 Cr.P.C. Section 372 Cr.P.C envisages that no appeal shall lie from any judgment or order of a Criminal Court except as provided for by the Cr.P.C. or by any other law for the time being in force. The scope of proviso cannot be enlarged so as to override the substantive provisions of Section 372 Cr.P.C. The proviso is to be interpreted in a manner, which would be in conformity with the intention of Legislature, which is to restrict the right of filing appeal except for a victim. In terms of the definition of 'victim' as contained in Section 2 (wa); 'victim' means a person who has suffered any loss or injury and includes his or her guardian or legal heir. The 'victim' would, therefore, mean the person suffering loss or injury and would include his or her guardian or legal heir. It would not include any other person.
A