KHOOB CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Atul Srivastava, learned counsel for the appellant and learned A.G.A. for the State of U.P.

(2.) The proviso confers the right to victim to prefer the appeal against any order passed by the court acquitting the accused or convicting for lesser offence for imposing inadequate compensation and such appeal shall lie to the Court to which an appeal ordinarily lies against he order of conviction of such court. In present case the order of acquittal has been passed by the court of learned III-A.C.J.M. Gautambudh Nagar, if the order of conviction is passed by such court, its appeal ordinarily lies in the court of sessions. The proviso of Section 372 Cr.P.C. does not permit to prefer the appeal before this court by bye passing the Court of Sessions. The appeal against the order of the acquittal passed by learned A.C.J.M.-III, Gautambudh Nagar shall lie in the court of sessions at Gautambudh Nagar. This appeal does not lie to this court, therefore this appeal is not maintainable.

(3.) The Reporting Section of this court has not gone through the 'proviso of Section 372 Cr.P.C.'s and without making any remarks of objection, the appeal has been reported.