C482/1807/2023
2023 Latest Caselaw 2992 UK

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures

                                 C482 No1807 of 2023
                                 With
                                 IA/1/2023 (Compounding Application)
                                 Connected with
                                 C482 No1810 of 2023
                                 With
                                 IA/1/2023 (Compounding Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Kothari, learned counsel for the applicant.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Mr. Alok Kumar, learned counsel for the private respondent.

The Government Advocate has raised a preliminary objection as against the compounding application, which is listed today for argument, in the light of the provisions contained under Section 320(5) of the Cr.P.C., contending therein, that as a consequence of the judgment of conviction by the trial Court, when an appeal is pending consideration, no composition of the offences could be allowed, except with the leave of the Court or it would be considered before the Appellate Court seized with the matter.

Learned counsel for the applicant would satisfy the Court as to how the implications of Section 320(5) of the Cr.P.C. could be eradicated to be applied, in order to consider the compounding application.

Put up the matter in the next week. The interim orders, if any, would continue to operate till the next date of listing.

(Sharad Kumar Sharma, J.) 06.10.2023 Sukhbant