Disposed¶17

Chandrawali v. Krishan Kumar & Ors.

Punjab & Haryana HC20 Jan 2026CRM-A/1433/2014

Case brief

AI extract

What is this about?

Chandrawali; Krishan Kumar and others; CRM-A-1433-MA-2014 (O&M); Punjab & Haryana High Court; Chandigarh; Anoop Chitkara; leave to appeal; delay application; sentence enhancement; conviction; Section 372 CrPC; inadvertent filing; wrong forum; First Appellate Court; limitation exclusion; JMIC Mohindergarh; Criminal No. 108 of 2006; disposed 20.01.2026; reportable: No.

What did the court decide?

Liberty to file a fresh appeal before the First Appellate Court (seeking enhancement of sentence against respondents No.1 and 3 and conviction of respondents No.2, 4 to 7); the period of pendency of the leave to appeal before this Court (as printed, till 20.02.2026) excluded from limitation computation; one month's additional time granted to file the appeal; all pending applications disposed of. ¶17

Chandrawali Vs Krishan Kumar & Ors. — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant's leave-to-appeal application seeking enhancement of sentence (against respondents No.1 and 3) and conviction of respondents No.2, 4 to 7 had been filed before the correct forum, given that under Section 372 CrPC an appeal for enhancement is maintainable before the court where the appeal against conviction ordinarily lies.

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Court's answer

The Court disposed of the present leave to appeal along with the delay application, granting the applicant liberty to file a fresh appeal before the First Appellate Court.

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Ratio / Principle

The period for which the present leave to appeal remained pending before this Court (from the date of its filing until 20.02.2026, as printed) shall not be counted for the purpose of limitation.

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Key takeaways

Additional time of one month was granted to the applicant to file the appeal before the First Appellate Court.ratio¶22
All pending applications, if any, also stand disposed of as part of the disposal of the leave to appeal.ratio¶22

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Anoop Chitkara J.), decision dated 20.01.2026 — Chandrawali (applicant/complainant) v. Krishan Kumar and others, CRM-A-1433-MA-2014 (O&M): The applicant's application for leave to appeal, filed before the High Court with a delay application, sought setting aside of the impugned judgment dated 10/13.03.2012 passed by the JMIC, Mohindergarh (complaint Criminal No. 108 of 2006, decided 10.03.2012), seeking enhancement of sentence against respondents No.1 and 3 and conviction of respondents No.2, 4 to 7. Counsel submitted that the enhancement appeal had been inadvertently filed before this Court whereas under Section 372 CrPC such appeal is maintainable before the court where the appeal against conviction ordinarily lies. The Court disposed of the leave to appeal with the delay application, granted liberty to file a fresh appeal before the First Appellate Court, excluded the period of pendency before this Court from limitation computation, granted one month's additional time, and disposed of all pending applications. Whether speaking/reasoned: Yes; Whether reportable: No.

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CRM-A-1433-MA-2014 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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103

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CRM-A-1433-MA-2014 (O&M) Date of Decision: 20.01.2026

Chandrawali

......Applicant

Versus

Krishan Kumar and others ......Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Dr. Sumati Jund, Advocate (through V.C.) with Mr. Rahul Saini, Advocate for the applicant.

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ANOOP CHITKARA J.

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Criminal No. 108 of 2006 Complaint Decided on: 10.03.2012

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Seeking setting aside of impugned judgment dated 10/13.03.2012 passed by JMIC, Mohindergarh seeking enhancement of sentence to respondents No.1 and 3 and conviction of respondents No.2, 4 to 7, the complainant had come up before this Court by filing the above-mentioned application for leave to appeal accompanying the appeal.

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Counsel for the applicant submits that the applicant inadvertently filed appeal before this Court for enhancement, however per provisions of Section 372 CrPC, an appeal for enhancement is maintainable before the Court where the appeal against conviction ordinarily lies.

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Given above, the present leave to appeal along with delay application is disposed of with liberty to file fresh appeal before the First Appellate Court. The time for which the present leave to appeal remained pending before this Court i.e. from the date of filing of present leave to appeal till 20.02.2026 shall not be counted for the purpose of limitation. The additional time of one month is granted

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JYOTI SHARMA 2026.01.20 17:09 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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CRM-A-1433-MA-2014 (O&M)

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to the applicant to file appeal before the First Appellate Court. All pending applications, if any also stand disposed of.

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(ANOOP CHITKARA) JUDGE

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20.01.2026 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable: No .