RAMCHAND GOPALDAS PARYANI Vs. SHAFIQ AHMAD SHAIKH ABBAS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is an application for leave to appeal against acquittal. The applicant claims to be a victim of the alleged offences. The appeal is, purportedly, being filed under the proviso to section 372 of the Code of Criminal Procedure (hereinafter referred to as "the Code"). The order of acquittal was passed by the Court of a Magistrate. The proviso to section 372 of the Code clearly lays down that an appeal against acquittal contemplated therein shall lie to the Court to which an appeal ordinarily lies against the order of conviction. From the order of conviction recorded by a Magistrate, appeal lies to the Court of Sessions. Therefore, victim's appeal against an order of acquittal shall lie to the Court of Sessions.

(3.) Consequently, the Criminal Application for leave to file an appeal cannot be entertained by this Court.