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2013 Supreme(P&H) 285

Surya Kant, Paramjeet Singh, R.P.Nagrath
Tata Steel – Appellant
Versus
Atma Tube Products – Respondent


For the petitioner(s)/appellant(s):Mr. H.L.Tikku, Sr. Advocate with Mr. Sumeet Goel, Advocate.
Mr. Deepak Sabharwal, Advocate (in CRM-790-MA-2010)
Mr. P.S Ahluwalia and Mr. Arjun Sheoran, Advocates (CRM-A-547-MA-2011)
Mr. Pardeep S. Poonia, Additional AG Haryana.
Mr. Ravi Dutt Sharma, DAG Haryana.
Mr. Saurabh Mohunta, DAG Haryana; and
Mr. Kshitij Sharma, AAG Haryana.
Mr. Amit Rawal, Addl. AG Punjab;
Ms. Manjari Nehru Kaul, Addl. AG Punjab;
Ms. Monica Chhibber Sharma, DAG Punjab; and
Mr. Deep Singh, AAG Punjab
Mr. Sanjiv Gupta, Advocate (in CRM-736-MA-2011)

Judgement Key Points

Based on the provided legal document, an informant who is also a victim in a criminal case has the right to file an appeal against an order of acquittal. This right is generally conferred under the provisions relating to appeals by victims, specifically under the proviso to Section 372 of the Criminal Procedure Code. The appeal by the victim or informant shall lie to the same Court where an appeal against the order of conviction would normally be filed, which is typically the Court to which appeals against such orders are ordinarily made (!) (!) .

Furthermore, the document indicates that the right of an informant who is also a victim to appeal against an acquittal is independent and substantive. The condition of seeking leave or special leave of the Court, which is applicable to appeals by the State or other parties, does not apply to the victim or informant exercising their right under the proviso to Section 372 (!) (!) .

In summary, an informant who is also a victim has a recognized right to appeal against an acquittal order, and such appeal shall be made to the Court where appeals are normally filed against conviction or other orders of that Court, without the need to seek leave of the Court (!) (!) .


JUDGMENT

Mr. Surya Kant, J.: The length and width of the right to appeal bestowed on the victim of a crime through the amendment(s) carried out in the Code of Criminal Procedure, 1973 by Act No.5 of 2009 w.e.f. December 31, 2009 is still eluded of unanimity amongst different High Courts. A Division Bench of this Court in Smt. Ram Kaur @ Jaswinder Kaur vs. Jagbir Singh @ Jabi & Ors., [2010(2) Law Herald (P&H) (DB) 1434] : 2010(3) RCR (Crl.) 391, also made an attempt to define the expression “victim” within the meaning of Section 2(wa) for the purpose of his right to appeal under proviso to Section 372 CrPC. A learned Single Judge while considering an application seeking leave of this Court to prefer appeal against the order of acquittal passed in relation to the accusations under Sections 279, 337, 338 and 304-A IPC found an apparent conflict between proviso to Section 372 and Section 378 CrPC and vide his order dated September 5, 2011 passed in CRM- 547-MA-2011 opined that :-

“….. as proviso to Section 372 of the Code unequivocally provides the remedy of appeal to a victim before a Court to which an appeal shall ordinarily lie against the order of conviction of such a Court while S


































































































































































































































































































































































































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