Rajaram (Died Through Lrs) v. Sahartin Bai and others
Case brief
What is this about?
Withdrawal-with-liberty of a complainant's S.378(4) Cr.P.C. petition challenging discharge of the accused under S.465 IPC by JMFC Pamgarh (Criminal Case No. 352 of 2014, order dated 31.12.2016); reliance on M/s. Celestium Financial v. A. Gnanasekaran, 2025 INSC 804, for complainant-as-'victim' status (S.2(wa) Cr.P.C. / S.2(y) BNSS); liberty to file appeal under proviso to S.372 Cr.P.C. (S.413 BNSS) before Sessions Judge within 60 days; Sessions Court not to insist on limitation; Janjgir-Champa; limitation not a bar; petitioner substituted by legal representative after death of original petitioner Rajaram (order dated 25-07-2025).
What did the court decide?
Permission to the petitioner to withdraw the Cr.M.P. with liberty to file an appeal before the Sessions Court within 60 days; the Sessions Court directed not to insist on limitation if the appeal is filed within 60 days; certified copy of the impugned order to be returned by the Registry after attested photocopy is obtained, and the case record to be returned to the concerned Court forthwith.