Vijay Kumar Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

Vijay Kumar Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave-to-appeal application remanded to the learned Sessions Judge, Hoshiarpur, to be treated as an appeal under Section 372 Cr.P.C. (now Section 413 BNSS 2023) and entrusted to the appropriate Court for disposal on merits; Registry directed to send the complete paper-book and record to the learned Sessions Judge, Hoshiarpur forthwith; pending miscellaneous applications, if any, stand disposed of.

Issue for consideration

Whether the applicant, who filed an application under Section 419 BNSS 2023 seeking leave to appeal against the acquittal dated 13.12.2024, has a remedy before the Court of Sessions rather than before the High Court, in view of the Supreme Court judgment in Celestium Financial.

Court's answer

In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Hoshiarpur.

Ratio / Principle

The remanded application is to be treated as an appeal filed under Section 372 of the Cr.P.C. (now Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and entrusted to the appropriate Court for its disposal on merits.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Vinod S. Bhardwaj, J.), CRM-A-490-2025 (O&M), decided 06.11.2025: Applicant Vijay Kumar sought leave to appeal under Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the judgment of acquittal dated 13.12.2024 passed by the Judicial Magistrate First Class, Mukerian, in a case stemming from a complaint dated 24.09.2021 under Sections 324, 323, 506, 341 and 34 IPC, 1860. Acting on the Supreme Court's judgment in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the Court remanded the leave application to the learned Sessions Judge, Hoshiarpur, with a direction to treat it as an appeal under Section 372 Cr.P.C. (now Section 413 BNSS, 2023) and entrust it to the appropriate Court for disposal on merits; the Registry was directed to send the complete paper-book and record forthwith, and pending miscellaneous applications were disposed of.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

248

CRM-A-490-2025 (O&M) Date of decision: 06.11.2025

Vijay Kumar ...Applicant

VERSUS

State of Punjab and others ...Respondents

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present :- Mr . Arnav Sood, Advocate for the a pplicant.

VINOD S. BHARDWAJ, J. (Oral)

Th e present application has been p r eferred under Section 419 of the Bharatiya N agarik Suraksha Sanhita, 202 3 seeking grant of leave to appeal against t he judgment of acquittal date d 13.12.2024 passed by the learned Judicial Magistrate First Class, Muker i an in a case stemming from complaint date d 24.09.2021 filed under Sectio n s 324, 323, 506, 341 and 34 of the Indian Pe n al Code, 1860.

Af t er assessing all the material a vailable on the record, the learned trial C ourt acquitted the responde n t(s) vide judgment dated 13.12.2024

Le a rned counsel appearing on be h alf of the applicant submits that in view of t he judgment passed by the Ho n ’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applica n t would have a remedy before t he Court of Sessions. 4. In view of the judgment rende r ed by the Apex Court in Celestium Financial (supra) , the present appli c ation seeking leave to appeal is remanded t o the learned Sessions Judge, H o shiarpur with a direction to

SUMIT SINGH GUSAIN 2025.11.10 10:52 I attest to the accuracy and integrity of this document

248 CRM-A-490- 2 025 (O&M) -2- treat the same a s an appeal filed under Secti o n 372 of the Cr.P.C. (now Section 413 of the Bharatiya Nagarik Suraksh a Sanhita, 2023) and entrust the same to app r opriate Court for its disposal o n merits.

Th e Registry is directed to send t h e complete paper-book and the record of th e case to the learned Sessions Ju d ge, Hoshiarpur forthwith. 6. Di s posed of accordingly. Pending m iscellaneous applications, if any, also stand d isposed of.

06.11.2025

(VINOD S. BHARDWAJ) JUDGE

Sumit Gusain

Whether s p eaking/reasoned : Yes/No Whether re p ortable : Yes/No

SUMIT SINGH GUSAIN 2025.11.10 10:52 I attest to the accuracy and integrity of this document