RADHESHYAM MALI Vs. ASHISH CHAKRABARTI AND ANOTHER

JUDGEMENT

(1.) In this revision petition filed under section 397/401 of Code of Criminal Procedure, challenge is made to an order dated 6.8.2015 passed by 12th Additional District Judge, Bhopal in Criminal Appeal No.832/2014.

(2.) Applicant suffered certain consequence adverse to him on account of certain act of respondent no.1, which took place in November 2001 and therefore in the year 2001 an FIR was registered against respondent no.1 in Crime No.280/2003 for offence punishable under sections 420, 467, 468, 471 of IPC. The respondent no.1 was put to trial and he was acquitted of all the charges. Challenging the acquittal which was ordered by the trial Court on 13.6.2014 vide Annexure A-1, an appeal was filed under section 372 of Cr.P.C., by the present applicant/ complainant.

(3.) Learned appellate Court having held that the incident in question took place on 24.9.2001, the provisions of section 372 of Cr.P.C., conferring right to appeal to the victim was introduced in Chapter XXIX of the Code of Criminal Procedure by amending section 372 of Cr.P.C., w.e.f. 31.12.2009 and holding that the same has prospective effect and will not give right of appeal to the complainant for an incident that took place prior to 31.12.2009, i.e. on 24.9.2001, the appeal having been dismissed, this revision is filed.