Anita v. The State & ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 38/2016 ANITA ..... Appellant Through Mr R.K. Lamba, Adv.

versus THE STATE & ANR ..... Respondent Through Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith Insp.

Meena Yadav Police Station Palam Village, Delhi

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 21.04.2016 This is an appeal under Section 372 of Cr.PC filed by the appellant / complainant feeling aggrieved by the judgment dated 06.11.2015 whereby the respondent no.2 was acquitted of the offence.

In view of the law declared by the Supreme Court in the decision reported as 2015 (10) Scale 444, Satya Pal Singh v State of M.P. & Ors., the appellant, claiming to be a victim, cannot maintain the instant appeal as a matter of right. The appellant would have to file an application contemplated by Section 378 (3) Cr.P.C. While deferring hearing, the Registry is directed to deregister the instant appeal as a criminal appeal and register the same as a petition seeking leave to appeal against the judgment dated 06.11.2015 acquitting respondent no.2. Counsel for the appellant seeks some time for filing formal application seeking leave to appeal. Same be done.

Renotify on 26.08.2016.

SUNITA GUPTA, J APRIL 21, 2016/rd