CRLA/359/2025
2025 Latest Caselaw 1085 UK

Uttarakhand High Court

CRLA/359/2025 on 5 June, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

               Office Notes, reports,
SL.          orders or proceedings or
      Date                                                    COURT'S OR JUDGES'S ORDERS
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               order with Signatures



                                          CRLR No.275 of 2013
                                          Hon'ble Pankaj Purohit, J.

Mr. Vikramaditya Buddhist, learned counsel holding brief of Mr. D.C.S. Rawat, learned counsel for revisionist-informant.

2. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobha, learned Brief Holder for the State of Uttarakhand/ respondent No.1.

3. Mr. Rajendra Singh Azad, learned counsel for respondent Nos.2 to 5-accused persons, appeared through V.C.

4. The instant revision has been filed by the revisionist-informant against the judgment of acquittal dated 06.08.2013 recorded by the learned Fifth Additional Sessions Judge, Haridwar, passed in Sessions Trial No.284 of 2011 State Vs. Dhirendra and Another, under Sections 302 and 304-B of IPC.

5. The revisionist is father of the deceased and as such would fall in the definition of 'victim', and accordingly, in view of the proviso of Section 372 of Cr.P.C., the appeal is provided.

6. A Criminal Appeal No.383 of 2013 had been filed by the revisionist against the impugned judgment before this Court, but, erroneously, the said Criminal Appeal was dismissed as withdrawn with liberty to file a Criminal Revision.

7. I have gone through the provision of Section 2(wa) of Cr.P.C., wherein, the victim has been defined, which is quoted below:

"2(wa). "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir"

8. In view of the proviso to Section 372 of Cr.P.C., the appeal can be filed by the victim against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal would lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Section 372 of Cr.P.C. along with proviso is quoted herein below:-

"372. No appeal to lie unless otherwise provided.- No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force:

Provided that the 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 such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court."

9. In view of the aforesaid Section, against judgement of acquittal, the victim can very well maintain a Criminal Appeal. The revisionist has erroneously filed the Criminal Revision and the criminal appeal filed earlier under proviso of Section 372 of Cr.P.C. has wrongly withdrawn with a liberty to file a Criminal Revision.

10. In this view of the matter, this court treats the instant Criminal Revision as a Criminal Appeal and the Registry is directed to register it as a Criminal Appeal. Order Accordingly.

11. List this Criminal Appeal on 04.07.2025.

(Pankaj Purohit, J.) 05.06.2025 PN