GURJIWAN SINGH Vs. GURBHEJ SINGH

JUDGEMENT

(1.) The instant appeal has been filed by the appellant against the judgment of acquittal dtd. 24/1/2020, passed by the Court of learned Sub Divisional Judicial Magistrate 1st Class, Samana, in Criminal Complaint bearing No.COMI-112 OF 2014, dtd. 17/7/2014 titled as 'Gurjiwan Singh vs. Gurbhej Singh and others', filed under Ss. 323, 324, 364, 365, 307 and 120-B of IPC whereby respondent/accused had been acquitted for commission of aforementioned offence.

(2.) Today, learned counsel for the applicant, while relying upon a recent pronouncement of Hon 'ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, have submitted that by directing the present application as an appeal, filed under Ss. 372 of Cr.P.C. (which is pari materia with Sec. 413 of Bharatiya Nagarik Suraksha Sanhita, 2023), the same be sent to appropriate Court for its disposal.

(3.) In M/s. Celestium Financial 's case (supra), the Hon 'ble Supreme Court has interpreted Ss. 372 and 378(4) of Cr.P.C. and has observed that the victim in a private complaint case has a right to file an appeal, under Sec. 372 of Cr.P.C., against the order of acquittal before the Court of Sessions. The Hon 'ble Supreme Court has observed as follows: