Pramod Kumar vs Har Parkash - 2025 Supreme(SC) 198

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 198

M. M. SUNDRESH, RAJESH BINDAL
Pramod Kumar – Appellant
Versus
Har Parkash – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Saurabh Mishra, AOR, Mr. Rakesh Kumar, Adv., Ms. Preeti Kashyap, Adv., Mr. Ankit Sharma, Adv.
For the Respondent: Mr. Himanshu Gupta, Adv., Mr. Manoj C. Mishra, AOR

ORDER :

1. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent(s).

2. This is a case where the Trial Court rendered an order of acquittal qua the respondents. Aggrieved by the same, the appellant filed an application before the High Court seeking leave to appeal. The High Court, in the impugned judgment, has rejected the said application.

3. Learned counsel appearing for the appellant submits that the reasoning of the High Court cannot be sustained in the eye of law. The appellant being the brother of the wife of the deceased, has got every right to file the appeal. The High Court has given a technical interpretation to Section 2(wa) of the Code of Criminal Procedure, 1973.

4. Learned counsel appearing for the respondent(s) submits that the alleged occurrence took place on 03.01.2007. The Trial Court had considered the case on merits and then rendered the order of acquittal. The said judgment of the Trial Court was rendered on 21.01.2010. In such view of the matter, there is no need for interference.

5. We have also perused the judgment of the Trial Court. Although, prima facie, we are in agreement with the submission made by the le

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