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Judgment
Mr. Rakesh Kumar Garg, J.—Vide impugned order dated 16.4.2010, Judicial Magistrate Ist Class, Faridabad dismissed the complaint and discharged the accused.
This application for leave to appeal has been filed challenging the aforesaid order on behalf of the complainant.
Section 372 CrPC after its amendment w.e.f. 31.12.2009 reads thus:
�372. No appeal to lie unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.�
In view of the aforesaid provision of law, the impugned order can be challenged by filing an appeal before the Session Court, Faridabad.
Thus, I find no merit in this application for leave to appeal under Section 378(4) CrPC and as such, leave to appeal is declined. However, the applicant is at liberty to challenge the impugned order before an appropriate forum, in accordance with law.