Monday 31 March 2014

Appeal against acquittal by complainant of private complaint case is not maintainable under section 372 of the Cr.P.C.



The   decision   of   this   Court   in   the   case   of  Top   Notch 
5.

Infotronix (I) Pvt. Ltd. ..vs.. M/s. Infosoft Systems and ors.; 2011 (6)  
Mh. L. J. 165 in term reveals a view has been taken that word “Victim” 
as defined under section 2 (wa) of the Cr.P.C. relates only to the case 
instituted upon the police report.  It also reveals that appropriate remedy 
for complainant in private case to prefer an appeal against the judgment 
and order of acquittal passed in such case is by way of seeking leave 

under section 378 (4) of the Cr.P.C.   Having regard to the same, the 
appeal presented along with the application for condonation of delay by 
non applicant was misconceived, due to it being not in accordance with 
the provisions of procedural law regarding preferring of appeal against 
judgment and order of acquittal recorded in cases instituted otherwise 
than on police report. 



Criminal Revision Application No. 143/2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR

1. Mohd. Azim Sheikh Ibrahim,
Aged 55 years, Occ. Business.
Vs
1. Mehamuda Anjum Mohd. Azim,

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
CORAM:­  P. D. KODE, J.

DATED :­  AUGUST 19, 2013
    

Citation; 2014 ALLMR(CRI)991

1. Heard.
2. Admit.  Heard finally by consent of the parties.

By this  application in revision, the original accused in Reg. 
3.

Criminal Case No.1160/2003 of the J.M.F.C. Court No.4, Amravati as 
well as the non applicants in Criminal Application for condonation of 
delay i.e. M. Cri. A. No.28/2012 preferred by present non applicant no.1 
for preferring an appeal against judgment and order of acquittal, have 
prayed   for   examining   the   legality,   correctness   and   propriety   of   order 

dated 01.11.2011 passed by Court of Session, condoning the delay of 66 
days in preferring an appeal against the judgment and order of acquittal 
i.e. preferred by the complainant.
4.
The   complainant­non   applicant   had   made   complaint   to   the 
Magistrate on the allegation that the applicants herein having committed 
an offence under Section 405, 406 r/w 34 of the I.P.C.  The trial Court, 
after trial, was pleased to acquit the applicants­accused from the charge 
of   commission   of   such   offences   committed.   The   non   applicant­
complainant,   thereafter,   presented   an   application   for   condonation   of 
delay   for   preferring   an   appeal   purported   to   be   an   appeal   under 
provisions of section 372 of the Cr.P.C.   The Sessions Court condoned 
said delay vide order dated 08.08.2012.  The said order is assailed by the 
accused­applicants in the present proceeding.

The   decision   of   this   Court   in   the   case   of  Top   Notch 
5.

Infotronix (I) Pvt. Ltd. ..vs.. M/s. Infosoft Systems and ors.; 2011 (6)  
Mh. L. J. 165 in term reveals a view has been taken that word “Victim” 
as defined under section 2 (wa) of the Cr.P.C. relates only to the case 
instituted upon the police report.  It also reveals that appropriate remedy 
for complainant in private case to prefer an appeal against the judgment 
and order of acquittal passed in such case is by way of seeking leave 

under section 378 (4) of the Cr.P.C.   Having regard to the same, the 
appeal presented along with the application for condonation of delay by 
non applicant was misconceived, due to it being not in accordance with 
the provisions of procedural law regarding preferring of appeal against 
judgment and order of acquittal recorded in cases instituted otherwise 
than on police report. 
6.
Resultantly,   the   application   for   condonation   of   delay 
preferred   by   non   applicant   no.1   was   superfluous.   The   order   passed 
thereon condoning the delay was illegal and improper.   The said order 
cannot be legally sustained.  As a matter of fact, no period of limitation is 
provided for the appeals which are made permissible under the proviso 
of section 372 Cr.P.C.
7.
In the aforesaid circumstances, there appears all substance in 
the submissions canvassed by the learned counsel that the order passed 

condoning the delay as well as entertaining an appeal by the Sessions 
Court is manifestly illegal and the same deserves to be quashed and set 
aside.
8.
Resultantly, order dated 08.08.2012 passed by the Court of 
Session   in   M.   Cri.   A.   No.   28/2012,   condoning   the   delay   is   hereby 
quashed and set aside.  Similarly, the appeal presented along with said 
ig
application also stands dismissed.  However, in the circumstances, there 
would be no order as to costs.  
It  is  clarified  that it   will  be  open  to  non   applicant  no.1 to 
pursue appropriate remedy, in accordance with law for redressal of the 
grievance,   if   any,   due   to   recording   of   an   order   of   acquittal   in   the 
complaint made by him.
JUDGE


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