Buta Singh v. State Of Punjab And Others

CRA-AS-336-2022 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRA-AS-336-2022 (O&M) Date of Decision: 17.12.2024 Buta Singh ...Appellant

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. M.S. Sidhu, Advocate for the appellant.

Mr. Jasjit Singh, D.A.G., Punjab.

Mr. S.P.S. Aulakh, Advocate for respondents No.2 to 6.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 08.02.2012 Sahnewal, Ludhiana 323, 324, 149, 506 IPC Criminal Case no.

before trial Court CNR No. PBLD03-009533-2012 Date of Decision: 12.03.2019 CRM-42510-2022 For the reasons menƟoned in the applicaƟon, delay of 1089 days in filing the present appeal is condoned.

ApplicaƟon stands disposed of.

Main case 1.

Aggrieved by acquiƩal of the accused, the complainant had come up before this Court.

2.

Counsel for the respondent submits that present appeal is not maintainable before this Court as the appeal against acquiƩal ordinarily lies to the Court where appeal against convicƟon lies as envisaged in proviso 372 of CrPC and prayed for dismissal of appeal.

Jyoti Sharma 2024.12.20 17:49 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRA-AS-336-2022 (O&M) 3.

Counsel for the accused submits that proviso to SecƟon 372 CrPC menƟons where in case of acquiƩal in FIR, an appeal would normally lie. In the present case, the offence is triable by Magistrate and appeal lies before the Sessions Court and this Court has no jurisdicƟon to take up the maƩer. 4.

To this, counsel for the complainant submits that he be permiƩed to file an appeal before the Sessions Court and the Ɵme for which the appeal remain pending before this Court shall not be counted for the purpose of limitaƟon. 5.

There cannot be any dispute that SecƟon 5 of LimitaƟon Act protects if somebody approaches wrong forum. LimitaƟon shall start from tomorrow. 6.

Given above, the present appeal is disposed of as withdrawn with liberty to file before the appellate Court. All pending applicaƟons, if any also stands disposed. (ANOOP CHITKARA) JUDGE 17.12.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.12.20 17:49 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh