SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Raj) 1649

PRADEEP NANDRAJOG, SABINA, VIJAY KUMAR VYAS
Baldev Sharma – Appellant
Versus
Gopal – Respondent


Advocates Appeared:
For the Appellant : D.G. Chaturvedi, A.K. Gupta, Kapil Gupta, B.M. Sharma, Sanjay Jhanwar, Ms. Sakshi Swami, Aniket Sharma, Somitra Chaturvedi, Ms. Mudita Sharma, Hemant Sharma, Ajeet Singh, Dharmendra Kumar, Raunak Dixit, Arvind Kumar Arora, Ms. Chhavi Chaturvedi, Anurodh Chaturvedi and Amit Ratnawat
For the Respondents: B.N. Sandu, P.P. with Parth Sarthi Sandu & Pankaj Sisodia

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. The following five points have been referred to a Larger Bench:—

(i) Whether any appeal filed by the victim under proviso to Section 372 can be dismissed summarily in the event if no sufficient ground for interference is made out and thereby apply to the provisions of Section 384 Cr. P.C. to such appeals filed by the victims.

(ii) Whether the proviso to Section 372 as introduced by the amending Act No. 5 of 2009 which has been brought into effect on 31.12.2009 can be given effect to in cases where the offence occurred prior to 31.12.2009 and thereby given the right of appeal to the victim in the event; (a) whether the court below has acquitted the accused or (b) has convicted the accused for a lesser offence or (c) has imposed inadequate compensation. Though the judgment in such cases may have been passed by the court below after 31.12.2009.

(iii) Whether the appeal by the victim under proviso to Section 372 is also required to be dealt with in the same manner as an appeal filed by the State under Section 378 Cr. P.C. and the provisions of Section 378 are required to be read into the provisions of Section 372 Cr. P.C. with regard to appeals filed by t












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top