Chandrawali v. Krishan Kumar & ORS

CRM-A-1433-MA-2014 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-A-1433-MA-2014 (O&M) Date of Decision: 20.01.2026 Chandrawali ......Applicant

Versus

Krishan Kumar and others ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Dr. Sumati Jund, Advocate (through V.C.) with Mr. Rahul Saini, Advocate for the applicant.

*** ANOOP CHITKARA J.

Criminal Complaint No. 108 of 2006 Decided on: 10.03.2012 1.

Seeking setting aside of impugned judgment dated 10/13.03.2012 passed by JMIC, Mohindergarh seeking enhancement of sentence to respondents No.1 and 3 and conviction of respondents No.2, 4 to 7, the complainant had come up before this Court by filing the above-mentioned application for leave to appeal accompanying the appeal.

2.

Counsel for the applicant submits that the applicant inadvertently filed appeal before this Court for enhancement, however per provisions of Section 372 CrPC, an appeal for enhancement is maintainable before the Court where the appeal against conviction ordinarily lies.

3.

Given above, the present leave to appeal along with delay application is disposed of with liberty to file fresh appeal before the First Appellate Court. The time for which the present leave to appeal remained pending before this Court i.e. from the date of filing of present leave to appeal till 20.02.2026 shall not be counted for the purpose of limitation. The additional time of one month is granted JYOTI SHARMA 2026.01.20 17:09 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-A-1433-MA-2014 (O&M) to the applicant to file appeal before the First Appellate Court. All pending applications, if any also stand disposed of.

(ANOOP CHITKARA) JUDGE 20.01.2026 Jyoti Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI SHARMA 2026.01.20 17:09 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh