Whether victim will be entitled to file appeal as per S 372 of CRPC from date of passing of order?

This has also been the view of most of the High Courts, with respect to this
question. The Punjab and Haryana High Court, in Tata Steel v. Atma Tube Projects,
(2014)1PLR1, CRM-790-MA-2010, held that:
“Since right to appeal is a substantive right and it cannot be inferred by
implication unless the Statute expressly provides so, the only inescapable
conclusion would be to hold that the right to appeal given to a 'victim'
under proviso to Section 372 of the Code is prospective and has become
enforceable w.e.f. December 31, 2009 only. A 'victim' is entitled to prefer
appeal in respect of any type of order referred to in the proviso to Section
372 if such order has been passed on or after December 31, 2009
irrespective of the date of registration of FIR or the date of occurrence
etc. To be more specific, it is clarified that it is the date of passing of the
order to be appealed from and not any other fact situation, which shall
determine the right to appeal of a 'victim'.”
57. Similarly, in Parmeshwar (supra), the Patna High Court clearly held:
“… the said proviso contains both substantive part, creating right in the
victim to prefer an appeal, and procedural part, by identifying the forum
for filing such an appeal. It is not in dispute that the substantivse part of
law operates prospectively… it has to be concluded that the right of
victim, to prefer an appeal in terms of said proviso to Section 372,
became available to the victim(s) of all cases in which orders were passed
by any criminal court acquitting the accused or convicting him for a
lesser offence or imposing inadequate compensation, on or after 31st of
December, 2009. In other words, date of judgment of a criminal court has
to be necessarily treated as the relevant date for applying the test of
maintainability of appeal by the victim under three contingencies laid
down under the proviso to Section 372 of the Code, irrespective of the
date of occurrence, institution of the case, cognizance or commitment.”
 IN THE HIGH COURT OF DELHI AT NEW DELHI

Dated: 28.05.2015
 CRL.A.1415/2012
RAM PHAL .
Versus
STATE & ORS. ..
CORAM:
 MR. JUSTICE PRADEEP NANDRAJOG
 MS. JUSTICE GITA MITTAL
 MR. JUSTICE S. RAVINDRA BHAT

Print Page

Guidelines for passing orders

GUIDELINES TO BE KEPT IN VIEW BY THE MEMBERS OF THE ITAT WHILE DRAFTING ORDERS:-

1 The order should be self-contained. It may be better, for the sake- completeness if there is as brief description of the assessee, his business method of accounting etc. as a preface to the order, There should be clear recording of the facts as found by the AO, This may by followed by the findings of the first appellate authority against which the appeal is preferred.

2 There should be reference to all the arguments addressed before the bench ad the pages of the paper book, if and which were referred to and the citation is the case – law.

3. It shall be the endeavour of the Members to record clear findings of fact in the order as the tribunal is the ultimate fact – finding body. These findings may be supported by reference to the evidence on record and wherever possible to may be better to refer to the paper-book in which the evidence is compiled.

Print Page