The High Court held that an acquittal appeal preferred by a victim under Section 372 Cr.P.C. against a Magistrate's order is not maintainable before the High Court. The remedy lies with the Sessions Court.
Liberty granted to the applicant to file a fresh appeal before the competent court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Acquittal Appeal No.122 of 2014
Smt. Khedi Bai Sahu W/o Shri Khedu Ram Sahu Aged About 56 Years R/o Naya Para Balod, PS Balod, Distt. Balod, Chhattisgarh
---- Applicant
Versus
1. Smt. Thaneshwari Sahu W/o Shri Ramesh Kumar Sahu Aged About 26 Years R/o Naya Para Balod, PS Balod, Distt. Balod Chhattisgarh.
2. Ramesh Kumar Sahu S/o Shri Kheduram Sahu Aged About 40 Years R/o Naya Para Balod, PS Balod, Distt. Balod, Chhattisgarh
3. State of Chhattisgarh S/o Through The Station House Officer, PS Balod, Distt. Balod, Chhattisgarh
---- Respondents
| For Applicant : |
Shri Aishwary Franklin on behalf of Shri Sumit Singh, Advocate. |
|---|---|
| For Respondent : | Gagan Tiwari, Dy. Govt. Advocate. |
| For Accused : |
Shri Sudhanshu Kumar Singh, Advocate |
| on behalf of Shri B.P. Singh, Advocate. |
Hon'ble Shri Justice N.K. Chandravanshi
Order On Board
14.09.2023.
1. The instant Acquittal Appeal has been preferred against the judgment dated 31.03.2014 passed by the Chief Judicial Magistrate Balod, District Balod, in Criminal Case No.481/2013 whereby the accused/respondents No.1&2 have been acquitted from the offences under Sections 294, 506, 323 and 323 IPC.
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2. Being aggrieved by the aforesaid judgment the applicant/complainant who is victim in the aforesaid case have preferred the instant appeal under Section 372 Cr.P.C.
3. Learned counsel for respondents No.1&2 would submit that since the applicant is a victim/complainant and she has preferred the appeal against the judgment of acquittal passed by the Chief Judicial Magistrate, in view of Proviso of Section 372 Cr.P.C. this appeal is not maintainable before the High Court, as according to proviso of Section 372 CrPC, an appeal is lie before the Sessions Court.
4. Learned counsel for the applicant did not raise any objection with regard to contents made by the counsel for the respondents No.1&2. The State counsel also did not raise any objection in this regard.
5. Heard the counsel appearing for both the parties.
6. Section 372 CrPC reads as under:
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
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Court.”
7. Undisputedly, this appeal has been preferred by the victim against the judgment dated 31.03.2014 passed by the Chief Judicial Magistrate, Balod, District Balod, however, the proviso of Section 372 CrPC gives right to the victim to file an appeal against any order passed by the court. The proviso also specifically provides that such an appeal shall lie to the Court to which the appeal ordinarily lies against the order of conviction of such court. If the Chief Judicial Magistrate would have convicted the respondents-accused in the instant case, then naturally the appeal shall be filed under Section 374 Cr.P.C before the Sessions Judge.
8. In view of the aforesaid facts and circumstances of the case and also considering the proviso of Section 372 Cr.P.C, this court is of the opinion that present appeal is not maintainable before this court. Rather, the same may be filed before the concerned Sessions Judge.
9. Accordingly, the appeal is dismissed as not maintainable. However, liberty is left with the applicant to file a fresh appeal before the competent court.
inder
2 issues framed by the court
Whether an appeal against a judgment of acquittal preferred by a victim under Section 372 Cr.P.C. lies directly before the High Court or before the Sessions Court.
Whether the High Court has jurisdiction to entertain an appeal filed under the proviso to Section 372 Cr.P.C. when the impugned order is from a Chief Judicial Magistrate.
1 provisions across 1 enactments
Smt. Khedi Bai Sahu
Smt. Thaneshwari Sahu
Ramesh Kumar Sahu
State of Chhattisgarh
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
