BHABHUTI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RESPONDENT No.2 was tried in a State case for committing offences punishable under Sections 420, 467, 468 and 471 IPC. Vide judgment dated 1.11.2013, the Judicial Magistrate 1st Class, Faridabad, after holding that the prosecution had failed to prove its case beyond reasonable doubt, acquitted respondent No.2 of the charges against him. Aggrieved of the acquittal of respondent No.2, the appellant, being the victim, filed Criminal Appeal No.24 dated 3.2.2014 before the Court of Sessions. The said appeal came up for hearing before the Additional Sessions Judge, Faridabad on 5.2.2014 when the appellant appeared and made statement that against the impugned judgment of acquittal passed by the trial Court, the appeal lay before the Hon'ble High Court and, accordingly, he be permitted to withdraw the appeal so as to file the same before this Court. In view of the statement made by the appellant, the Additional Sessions Judge, Faridabad, vide order dated 5.2.2014, dismissed the appeal as having been withdrawn and consigned the file to the record -room. The appellant then filed the present appeal in which notice was issued.

(2.) THE State as well as respondent No.2 were duly served. The State is also represented but there is no representation on behalf of respondent No.2.

(3.) AS per the provisions of Section 378(1) Cr.P.C., the appeal against the order of acquittal passed by a Magistrate in respect of a cognizable and non -bailable offence would lie to the Court of Sessions and in all other cases, it would lie to this Court. As respondent No.2 was tried for offences under Sections 420, 467, 468 and 471 IPC, which are cognizable and non -bailable, the only remedy available to the appellant victim against the order of acquittal passed by the Magistrate was to file an appeal before the Court of Sessions. As such an appeal was duly filed by the appellant but due to wrong advise, he made a statement on 5.2.2014 before the Additional Sessions Judge to allow him to withdraw the same with liberty to file the appeal before this Court. Pursuant thereto, the Additional Sessions Judge dismissed the appeal as having been withdrawn.