The victim’s appeal must be filed in the Sessions Court as mandated by law, subject to conditions regarding limitation.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

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ON THE 16 OF SEPTEMBER, 2025 CRIMINAL APPEAL No. 7143 of 2019 SANTOSH Versus SITARAM Appearance:

Shri Anmol Rawat - Advocate for the appellant.

ORDER Having heard the learned counsel for the parties and after perusal of record, it reveals that this criminal appeal has been filed under Section 413 of BNSS , 2023 / 372 of Cr.P.C. , being aggrieved with the judgement dated 22.07.2019 passed by the JMFC, Burhanpur, District Burhanpur in Complaint Case No.Un/19, whereby the complaint case filed by the applicant under Section 203 of Cr.P.C. was dismissed by the trial Court.

2. Section 413 reads as follows:

"413. 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 Sanhita 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 Signature Not Verified shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court."

3. The proviso to Section 413 clearly mandates that appeal ought to be filed by the victim in the court where appeal against conviction ordinarily lies and appeal against such conviction lies in the Sessions Court, therefore, this appeal as per proviso to Section 413 shall also be filed before the concerned Sessions Court. Liberty is reserved to the complainant/appellants herein to file an appeal before the concerned Sessions Court, having regard to the proviso to Section 413 of BNSS (372 of Cr.P.C. ) within four months from today.

4. However, it is made clear that if appeal was filed before this Court within limitation or if appeal was not filed within limitation before this Court but issue of limitation has already been decided by this Court and the delay in filing the appeal has been condoned and appeal before concerned Sessions Court is filed within the period of four months from today, then, issue of limitation shall not be raised by respondent or by the Appellate Court, but if appeal was not filed before this Court within limitation as prescribed in the Limitation Act or any application for condonation of delay is pending today, then, the issue of limitation/ the same shall be decided by the Appellate Court in accordance with provisions of law.

5. Certified copy of documents, if any, filed by the complainant/appellant in the instant appeal, shall be returned back to complainant/appellant after substituting photocopy of the same.

Signature Not Verified

6. Record of the trial Court, if available, shall be sent back immediately to the concerned Court.