TEJINDER SINGH Vs. GOVINDER SINGH & OTHERS

JUDGEMENT

(1.) The learned Judicial Magistrate, 1st Class, Court No. (6), Shimla, upon, his assuming a valid cognizance upon FIR No. 199 of 2009, thereafter proceeded to charge accused Govinder Singh, for his allegedly committing offences constituted under Sections 420, 467, 468,471 and 120-B of IPC, and, accused Kahan Chand, for, his allegedly committing offences constituted under Sections 468, 201 and 120-B of IPC. On an appreciation of evidence, adduced by the prosecution, for, hence, sustaining the charge, the learned trial Magistrate proceeded to record an order of acquittal upon the accused.

(2.) The aggrieved therefrom i.e. State of Himachal Pradesh, preferred an appeal thereagainst, before the learned Sessions Judge (F), Shimla. The appeal preferred before the learned appellate Court is yet pending adjudication.

(3.) One Tejinder Singh, a person, purportedly aggrieved by, the, afore verdict, of, acquittal made upon the afore accused, vis-a-vis, offences constituted in the afore FIR also hence proceeded, to, make an appeal thereagainst, before the learned appellate Court. However, the afore appeal, was also, strived, to be acquiring an aura of validity, given, his being a victim, within, the ambit of, the, provisions, borne in Section 2 (wa), of, the Code of Criminal Procedure (for short "Cr.P.C"), provisions whereof stand extracted hereinafter. However the appeal preferred by the afore Tejinder Singh, against, the verdict of acquittal, pronounced by the learned trial Magistrate, hence stood dismissed, (i) nonetheless, in the impugned order recorded upon Cr. Appeal RBT No. 42-S/10 of 2018/2015, by the learned first appellate Court, a right was reserved, upon, the afore Tejinder Singh, to, make a representation in the connected appeal, preferred by the State of Himachal Pradesh, as stands reared by the latter, against, the verdict of acquittal pronounced, upon, the afore accused, by the learned trial Magistrate.