Appeal against jugement
Y Singh N Rajput
(Querist) 04 September 2016
This query is : Resolved
Mr Y filed a police complaint against Mr X for fraud. Police investigated and subsequently arrested Mr X, (who took bail). The case dragged for 15 years. Meanwhile the police inspector expired without examination by court. Mr Y did not attend to the court. The court acquitted Mr X for want of evidence. Mr Y has evidence now wants to restart this case. Is it possible? The case was between Government v/s Mr X.
dev kapoor
(Expert) 04 September 2016
NOOOOOOOOOOOOOOOOOOOOOOOOOOO.In some cases courts have help private person (say Y in this case) may be permitted to file Revision against acquittal.But due to his non-examination as witness success is not expected.Moreover there does not appear any jurisdictional error in your case.
Raj Kumar Makkad
(Expert) 05 September 2016
I have also the similar area. After how many years, Y came to know about the disposal of the case and after how many years of such knowledge, he wants to file such application seeking re-start?
Dr J C Vashista
(Expert) 06 September 2016
The complainant can file appeal u/s 372 (proviso) challenging acquittal, if s/he has sufficient evidence.
dev kapoor
(Expert) 06 September 2016
Please read cases
1.Laxmilal Menariya & Ors. Vs. Rajendra Kumar & Ors. Reported in 2012(4) Cr.L.R. (Raj.)-2015, the complainant being a victim is entitled to challenge the judgment of acquittal recorded by a Judicial Magistrate through an appeal to the Sessions Court under the proviso to Section 372 Cr.P.C.
AND
2. Apex Court Judgment in the case of Subhash Chand Vs. State (Delhi Administration) reported in 2013(2) SCC-17, the complainant can challenge a judgment of acquittal recorded in a complaint case only by filing an application for special leave to appeal under Section 378(4) of the Cr.P.C. to the High Court.
