Appeal by victim of crime-period of limitation to file
A perusal of the decisions to which the attention was
drawn and so also the decisions referred in the said case in terms
supports the submission canvased by learned counsel for the
petitioner that no period of limitation is prescribed for preferring an
appeal provisio of Section 372 of the Code of Criminal Procedure
either in the provisions of the Code or by any other provision, as
otherwise erroneously assumed by the learned Additional Sessions
Judge. Though it is true that period of limitation has been prescribed
for State for making an application for seeking leave against the
judgment and order of acquittal under the provisions of Section 378
(5) of Cr.P.C., no such a provision has been found incorporated
either in the proviso or otherwise in the code.
The learned APP
appearing in the matter has also fairly submitted of no such period
of limitation has been prescribed for preferring such an appeal, now
allowed to be preferred by the victims of crime.
8.
Having
regard
to
the
position
regarding
period
of
petitioner was clearly superfluous.
limitation for such an appeal, the application preferred by the
However, merely because of
preferring of such a superfluous application cannot deprive the
petitioner consideration of appeal presented by him before the Court
of Sessions.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Writ Petition No.257/2012
Shri Sudam s/o Bhaduji Talmale,
.. Versus ..
..
Shri Ambadas s/o Babarao
Nirmal,
CORAM : P.D.KODE, J.
DATED : JULY 19, 2013
Citation;2013 ALL M R(cri)3397 bombay
https://www.lawweb.in/2013/10/appeal-by-victim-of-crime-period-of.html
