Biplab Bhowmik vs Sabitri Banik - 2015 Supreme(Tri) 624

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Tri) 624

DEEPAK GUPTA
Biplab Bhowmik – Appellant
Versus
Sabitri Banik – Respondent

Advocates:
Advocate Appeared:
For the Petitioners:Mr. K.N. Bhattacharjee, Senior Advocate & Mr. S. Pandit, Advocate.
For the Respondent:Mr. P.K. Biswas, Senior Advocate, Mr. P. Majumder, Advocate & Mr. A. Ghosh, P.P.

ORDER

1. This petition under Section 397 of the Code of Criminal Procedure (Cr. P.C.) is directed against the order dated 22-04-2015 passed by the learned Sessions Judge, South Tripura, Belonia in Case No. Criminal Misc. 19 of 2014 whereby he held that in an appeal filed by the victim under Section 372 of the Cr. P.C. no limitation is prescribed.

2. The following interesting question of law arises in this appeal:-

“Whether, in appeal filed by a victim under Section 372 of the Cr. P.C., no limitation is applicable?”

3. Briefly stated, the facts are that the respondent No.1 (hereinafter referred to as “the wife”) filed a complaint before the learned Sub-Divisional Judicial Magistrate, Belonia against the petitioners, i.e. the husband, mother-in-law and sister-in-law of the complainant. After trial, the learned Magistrate acquitted the petitioners.

4. Aggrieved by the said order of acquittal, the complainant-wife filed an appeal before the learned Sessions Judge, South Tripura, Belonia and also filed a petition under Section 5 of the Limitation Act for condonation of 340 days dela