RAMESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The present appeal is filed u/s. 372 of the Cr.P.C. by appellants No.1 and 2 who made a complaint to the police at the instance of appellant No.3.

(3.) At the very outset, the learned Government Advocate appearing for the respondent/State has raised an objection about the maintainability of this appeal. According to him, the appeal u/s. 372 of the Cr.P.C. is maintainable only at the instance of the victim. Appellants No.1 and 2 are not the victims of the offence said to have been committed by respondent No.3. Appellant No.3 is the victim but he did not suffer any loss and he did not lodge any complaint to the police, therefore, at his instance also, this appeal is not maintainable. Learned Government Advocate further submits that "victim" is defined as u/s. 2(wa) of Cr.P.C. and according to which, "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged. Since appellant No.3 did not suffer any loss or injury, therefore, he cannot be termed a "victim". Hence this appeal is not maintainable.