TASLIMBEG SABJUBEG MIRZA Vs. PRAKASH G. POHARE

JUDGEMENT

(1.) The principal challenge in all these matters pertains to acquittal in cases under the provisions of Indian Penal Code, 1860. These Applications/Appeals are filed under Sec. 378 of the Code of Criminal Procedure, 1973. In some matters, applications are being filed either seeking condonation of delay in preferring the appeal or leave was sought to file appeal. In some matters, this Court has admitted the case.

(2.) Now so far as the issue in respect of preferring Appeal under Sec. 372 of the Code by the complainant/victim is concerned, the same was considered by the Hon'ble Supreme Court in case of M/s. Celestium Financial .Vrs. A. Gnanasekaran Etc (2025 SCC Online SC 1320), wherein the Supreme Court has held as under:

(3.) Considering the above position of law as laid down by the Supreme Court in the cases referred supra, the learned Counsel appearing on behalf of either applicants/appellants/respondents submits that Sec. 372 of Cr.P.C. cannot be limited to the private cases filed by the victim, but also available to those victims wherein Police case was instituted / FIR was registered irrelevant of the fact that the FIR was registered at the behest of victim or not, therefore, under proviso to Sec. 372 of the Code of Criminal Procedure, since the victim has a right to prefer an appeal against the order passed by the Court acquitting the accused or convicting the accused for lesser offence or imposing inadequate compensation, such appeal shall lie to the Court to which the appeal ordinarily lies against the order of conviction. In view of said proviso, the learned Counsel prays that the matters be transferred to the concerned District and Sessions Court for its disposal in accordance with law.