In CRR No.1195 of 2013-PUNJ HC- Appeal filed by ‘victim’ against order of acquittal in State case, which is instituted in respect of cognizable offence, is maintainable before Court of Sessions: P&H HC
Justice Deepak Gupta [27-02-2023]

Read Order: ZILE SINGH VS STATE OF HARYANA AND ANOTHER

Mansimran Kaur

Chandigarh, March 7, 2023: In a criminal case arising out of an FIR registered on the statement of petitioner Zile Singh under Section 279/304-A IPC where the accused was acquitted by the Court of the Additional Chief Judicial Magistrate, the Punjab and Haryana High Court has observed that an appeal filed by the ‘victim’ against order of acquittal in a State case, which is instituted in respect of cognizable offence, is maintainable before the court of Sessions.

A Single-Judge Bench of Justice Deepak Gupta allowed the present revision by observing that the issue as to where the jurisdiction will lie to entertain the appeal against acquittal in a State case, is not res integra.

In a criminal case arising out of a FIR dated August 4, 2009 registered on the statement of petitioner Zile Singh, under Section 279/304-A IPC, accused Subhash was acquitted by the Court of the Additional Chief Judicial Magistrate, through judgment dated September 13, 2011. 

 Aggrieved by the said acquittal, Zile Singh, the complainant of the FIR and the father of the deceased filed Criminal Appeal before the Court of Sessions.Through an order dated February 21, 2013, the said appeal was dismissed by the Additional Sessions Judge, on two grounds, firstly, that it was barred by limitation and secondly, that it was not maintainable before the Court of Sessions. Against the said order of the Additional Sessions Judge, this revision was filed. 

After considering the submissions from both the sides, the Court stated that it found merit in the revision. “The issue as to where the jurisdiction will lie to entertain the appeal against acquittal in a State case, is not res integra”, the Court further stated. 

Reliance was placed on the judgment in M/s Tata Steel Ltd. Vs. Atma Tube Limited. 

In view of the same, the Court noted, “It is, thus, clear that an appeal filed by the ‘victim’ against order of acquittal in a State case, which is instituted in respect of cognizable offence, is maintainable before the court of Sessions; and in case, any such appeal is filed by the state against that very order, it shall also be entertained and/or transferred to the same Sessions Court”. 

 In view of this legal position, present revision was accepted.