Phool Chandra Kori vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 18129 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 127 of 2022
 
Appellant :- Phool Chandra Kori
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And 2 Others
 
Counsel for Appellant :- Ajay Kumar Gupta,Ambrish Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mohd. Aslam,J.

Heard Shri Ambrish Kumar Pandey, learned counsel for the appellant and Shri Umesh Chandra Verma, learned A.G.A. for State-respondent.

The instant appeal has been filed by the appellant- Phool Chandra Kori with the following prayer:-

"To set aside the judgment and order dated 24.09.2022 passed by Special Judge, S.C./S.T. Act, Faizabad (Ayodhya), in Sessions Trial No.166 of 2016, arising out of Case Crime No.92/2015 under section 323, 376, 504, 506 I.P.C. and 3(i) (x), 3(2)(v) S.C./S.T. ACT Police Station- Tarun District Faizabad."

Learned A.G.A. has raised a preliminary objection regarding maintainability of the instant appeal on the ground that the appellant, who is the complainant of the case has filed the present appeal under Section 372 Cr.P.C., but in view of judgment of the Full Bench of this Court in Manoj Kumar Singh vs State Of U.P. & 3 Others (2016 SCC OnLine All 3250) passed on 11.11.2016, wherein the Full Bench of this Court held that "victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation" and also held that "i) The victim, and if he is dead, his legal representative shall have the right to be impleaded as a party....". Thus, the instant appeal ought to have been filed on behalf of the victim, who is the husband of the appellant and is alive, against the impugned order and judgment, if so aggrieved, and not by the appellant.

Learned counsel for the appellant could not waive out the aforesaid objection raised by learned A.G.A. and prayed that the instant appeal be dismissed as withdrawn with liberty to file fresh.

In view of the above, the instant criminal appeal is dismissed as withdrawn with liberty to file fresh.

Certified copy of the impugned judgment and order dated 24.09.2022 may be returned to learned counsel for the appellant, after retaining photocopy of the same.

(Mohd. Aslam, J.) (Ramesh Sinha, J.)

Order Date :- 21.11.2022

Shubhankar