LAWS(CHH)-2015-2-9

KAILASH MURARKA Vs. K. GEET SRIJAN

Decided On February 25, 2015
Kailash Murarka Appellant
V/S
K. Geet Srijan Respondents

JUDGEMENT

(1.) This reference has been made by the learned single Judge (Hon ble Mr. Justice Sanjay K. Agrawal) under Rule 32 (2) (ii) of the High Court of Chhattisgarh Rules, 2007 for placing it before Hon'ble the Chief Justice with a recommendation to place the same before larger Bench. Vide order dated 14-11-2013, Hon'ble the Chief Justice has directed to place the reference before this Bench to answer the following stated question of law:-

(2.) Scope of appeal against the judgment of acquittal at the instance of the complainant under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (for short "the Code") was earlier considered by the learned single Judge of this Court (Hon'ble Mr. Justice G. Minhajuddin) in the case of Sunder Das Rohra v. Anil Mishra, Cr. Rev. No. 779/2012 (decided on 15-4-2013), wherein it was held that appeal against acquittal at the instance of the complainant in a complaint trial could be maintained under the proviso to Section 372 of the Code. Disagreeing with the view taken by the learned single Judge (Hon'ble Mr. Justice G. Minhajuddin), the learned single Judge making the reference (Hon'ble Mr. Justice Sanjay K. Agrawal) has made the instant reference.

(3.) The learned Advocate General and counsel for the parties are heard. Records of both cases in which the matter has been referred perused.