KAMESHWAR TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner is aggrieved by order dated 6.6.2012 passed by learned Session Judge, Dhanbad, in Cr. Appeal No.182 of 2012, whereby the appeal filed by the petitioner has been dismissed being barred by limitation.

(3.) EARLIER criminal revisions used to be filed against the such judgments of acquittal, but in view of the amendment in Section 372 of the Cr.P.C., which came into force with effect from 31.12.2009, the appeal as a substantive right was given to the victim to prefer for appeal against any order of acquittal passed by the Court. The petitioner had earlier preferred the Cr. Revision, but in view of the amendment in Section 372 of the Cr.P.C, the said revision was withdrawn submitting that the petitioner would like to prefer the appeal against the Judgment of acquittal and the revision was permitted to be withdrawn.