BALBIR KAUR AUJLA Vs. BALRAJ SINGH

JUDGEMENT

(1.) THE instant revision petition has been filed by the complainant against the impugned order of learned Judicial Magistrate Ist Class, Jalandhar dated 22.1.1996, vide which respondent Balraj Singh has been discharged. The order reads thus :-

(2.) THERE is a delay of a few days in filing and refiling the instant petition for which two Misc. application have been moved by the petitioner. The record further reveals that during the pendency of the instant revision petition, the Complainant had also died and the counsel for the petitioner sought time to place on record the LRs of the Complainant. Subsequently, Misc. application was also moved for bringing one Gurbinder Singh Ahuja as LR.

(3.) LEARNED counsel for the petitioner otherwise states that as per the provisions of Section 401(5) of the Code of Criminal Procedure, the instant revision can also be treated as an appeal. I do not agree with the submission of the learned counsel for the petitioner. The petitioner may file an appeal as per the High Court Rules and Orders and pray for special leave to appeal. The petitioner, however, can pray for the condonation of delay in appeal on account of the period consumed by her in prosecuting the instant revision petition.