Aneg Singh vs Ram Prakash and Others

V. Bhargava, J.—We have heard learned counsel for the appellant as well as the learned Deputy Government Advocate.

Rule 2(vii) of Chapter V of Rules of Court lays down that all criminal appeals, applications or references are to be heard by a Single Judge, except those which are mentioned in Clauses (a) to (f) of that sub-rule. In the case of an appeal from acquittal Clause (b) is applicable provided the appeal has been filed by the State Government. If the appeal be by a complainant u/s 417(3) of the Code of Criminal Procedure, there is no provision In any of these Clauses (a) to (f) under which such an appeal is taken out of the jurisdiction of a Single Judge.

An appeal by a complainant u/s 417(3) of the Code of Criminal Procedure would thus be covered by the general words "a Criminal appeal", and, consequently it is within the competence of a Single Judge to hear such an appeal. Consequently, our answer to the question referred to us is that an appeal filed by a complainant u/s 417 of the Code of Criminal Procedure can be entertained and dismissed by a Single Judge when the application for leave to appeal u/s 417(3) of the Code of Criminal Procedure has been rejected.

Let the papers be laid before the learned Single Judge with this answer of the question re ferred to us.