ANEG SINGH Vs. RAM PRAKASH

JUDGEMENT

(1.) We have heard learned counsel for the appellant as well as the learned Deputy Government Advocate.

(2.) Rule 2(vii) of Chapter V of Rules of Court lays down that all criminal appeals, applications or references are to be heard by a Single Judge, except those which are mentioned in Clauses (a) to (f) of that sub-rule. In the case of an appeal from acquittal Clause (b) is applicable provided the appeal has been filed by the State Government. If the appeal be by a complainant under Section 417(3) of the Code of Criminal Procedure, there is no provision In any of these Clauses (a) to (f) under which such an appeal is taken out of the jurisdiction of a Single Judge. An appeal by a complainant under Section 417(3) of the Code of Criminal Procedure would thus be covered by the general words "a Criminal appeal", and, consequently it is within the competence of a Single Judge to hear such an appeal. Consequently, our answer to the question referred to us is that an appeal filed by a complainant under Section 417 of the Code of Criminal Procedure can be entertained and dismissed by a Single Judge when the application for leave to appeal under Section 417(3) of the Code of Criminal Procedure has been rejected.

(3.) Let the papers be laid before the learned Single Judge with this answer of the question re ferred to us.