Abdul Majeed vs Sabar Hussain And Others
2023 Latest Caselaw 2190 j&K

                                                                          Sr. No. 127

    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                  AT JAMMU

     Crl R No. 46/2023
     CrlM No. 1686/2023, 1687/2023

Abdul Majeed                                       .....Appellant(s)/Petitioner(s)

q
                       Through: Mr. Basit M. Keng, Advocate.
                  vs
Sabar Hussain and others                                      ..... Respondent(s)
                       Through: None.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                    ORDER

06.10.2023

1. This revision petition has been filed by the victim/petitioner against

the judgment of acquittal dated 16.06.2023 passed by the learned

Principal Sessions Judge, Poonch.

2. After coming into force of Code of Criminal Procedure in 1973 in the

Union Territory of Jammu and Kashmir, a victim is entitled to file an

appeal against the judgment of acquittal in terms of provisions

contained in proviso to Section 372 of the Cr. PC. This Court has

already held that even if the proceedings before the trial court have

been conducted under the J&K Cr. PC, still then a victim has a right to

file an appeal against the judgment of acquittal, in view of the

applicability of Central Cr. P.C. to UTs of J&K and Ladakh. On

account of availability of remedy of appeal against the judgment of

acquittal, it was not open to the petitioner to file the instant revision

petition, keeping in view the statutory bar contained in Section 401(4)

of the Cr. PC.

CrlM No. 1686/2023, 1687/2023

3. At this stage, learned counsel for the petitioner has prayed that the

revision petition filed by the petitioner/victim may be treated as an

appeal by exercising powers under Section 401(5) of the Cr. P.C.

Learned counsel has submitted that the petitioner/victim was under the

impression that because the trial was conducted as per the provisions

of J&K Cr. PC, whereunder remedy of appeal was not available to a

victim, as such, he was under the impression that no appeal would lie

against the judgment of acquittal at his instance.

4. Having regard to the fact the petitioner may have been under the

erroneous impression that J&K Cr. PC, still continues to hold the field,

wherein no right of appeal has been provided to a victim, I am

satisfied that the petitioner/victim has filed the instant revision petition

under an erroneous belief that no appeal would lie against the

judgment of acquittal at his instance.

5. Accordingly, the revision petition is treated as appeal against the

impugned judgment of acquittal. The Registry is directed to assign the

appropriate nomenclature to the petition.

CrlM No.1688/2023

6. Issue notice of this application to the respondents through concerned

Police Station.

7. List on 24.11.2023.

(SANJAY DHAR) JUDGE

Jammu 06.10.2023 Sahil Padha