Bhagwan Singh vs State of Uttarakhand and Guman Singh

Hon�ble Prafulla C. Pant, J.—This Leave to appeal has been filed by Bhagwan Singh-complainant (who claims himself to be victim) against the judgment and order dated 30.3.2011 passed by Civil Judge (J.D.)/Judicial Magistrate Ist Class, Narendra Nagar, Tehri Garhwal, whereby said court has acquitted the respondent no.2 Guman Singh from the charge of offences punishable u/s 323, 504 and 427 of I.P.C.

The appeal has been filed on 30.6.2011. Registry has reported that there is delay of 32 days in filing the appeal, as such the case has been listed as defective one.

Under Article 114 of the Schedule of the Limitation Act, 1963, the period of limitation provided in the cases of appeal against acquittal is 90 days, as such the report/objection of the Registry is rejected.

Heard on leave to appeal and perused the impugned judgment and order dated 30.3.2011 passed by Civil Judge (J.D.)/Judicial Magistrate Ist Class, Narendra Nagar, Tehri Garhwal, in criminal case no.455 of 2010, whereby respondent no.2 Guman Singh has been acquitted from the charge of offences punishable u/s 323, 504 and 427 I.P.C.

Proviso to section 372 of Cr.P.C. (as inserted vide Act No.5 of 2009) permits the victim to prefer an appeal against the order of acquittal to the court to which appeal ordinarily lies. Clause (a) of sub-section (1) of section 378 of the Code empowers District Magistrate to direct public prosecutor to file appeal before the court of Sessions, but he can do so only in respect of cognizable and non-bailable offences. In the present case, all the three offences 323, 504 and 427 I.P.C. are non-cognizable and bailable one. As such, this category of cases is covered under (b) of sub-section (1) of section 378. That being so, the victim could file appeal under proviso to section 372 of the Code, before this Court only.

After considering submissions of learned counsel for the appellant and learned counsel for the State and further considering the impugned judgment, leave is granted.

Admit the appeal.

Summon the lower court record.

Issue notices to the respondent no.2 Guman Singh.

List after lower court record is received and notices are served on respondent no. 2 Guman Singh.