KANABHAI Vs. NARENDRASINH BANESINH CHUDASAMA

JUDGEMENT

(1.) This is an application seeking Leave to Appeal filed under Sec. 378 (4) of the Code of Criminal Procedure at the instance of the original complainant seeking challenge to the judgment and order of acquittal dtd. 30/3/2022 passed by the learned 4 th Judicial Magistrate First Class, Junagadh in Criminal Case No. 1615 of 2008. By the said judgment and order, the learned Magistrate has recorded acquittal of present respondents no. 1 to 4 original accused for the alleged offences punishable under Ss. 323, 325 read with Sec. 114 of the Indian Penal Code. The learned Magistrate has further directed to release the respondents-original accused for surety of an amount of Rs.5000.00 to secure their presence before the Appellate Court.

(2.) This Court on 27/3/2023 had heard the learned advocate appearing for the applicant-original complainant. Learned Additional Public Prosecutor had appeared on behalf of the respondent-State and had prayed for time to go through the impugned judgment and order of acquittal to assist this Court. She had also prayed for time to get instructions as regards any appeal being preferred by the State against the very said judgment. Today when the matter is taken up for hearing Ms. Shah learned APP has under instructions submitted that the State has not preferred any appeal against the impugned judgment and order of acquittal. She has further relied upon the decision of the Hon'ble Apex Court in the case of Joseph Stephen Vs. Santhananaswamy reported in 2022 AIR 2022 SC 670 :2022 (2) Scale 289 and she has submitted that in view of the amendment being brought in Sec. 372 of Code of Criminal Procedure after 2009 and insertion of proviso to Sec. 372 of Criminal Procedure Code, the original complainant or even victim as the case may be can be relegated to prefer an appeal as provided under Sec. 372 of the Code of Criminal Procedure. In the given set of facts considering the nature of allegations made where the incident had resulted into the injuries alleged to have been sustained by the original complainant being the victim to the said alleged incident, this Court is of the view that the Appeal under Sec. 372 of the Criminal Procedure Code can be looked into without any Leave to Appeal being filed under Sub Sec. (4) of Sec. 378 of the Criminal Procedure Code, hence, present application stands disposed of.

(3.) Let the Appeal be registered and be notified for admission hearing on 3/4/2023.