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Aneg Singh Vs. Ram Prakash and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberCriminal Appeal No. 1629 of 1956
Judge
Reported inAIR1957All196; 1957CriLJ494
ActsAllahabad Court Rules - Rule 2; Code of Criminal Procedure (CrPC) , 1898 - Sections 417 and 417(3)
AppellantAneg Singh
RespondentRam Prakash and ors.
Appellant AdvocateR.B. Misra, Adv.
Respondent AdvocateGovt. Adv.
Excerpt:
criminal - high court rules and orders section 417 of criminal procedure code, 1898 and chapter v rule 2 of high court rules - whether appeal filed by an complainant can be entertained and dismissed by a single judge - appeal by complainant - no provision for filing of appeal by complainant. - - 1. we have heard learned counsel for the appellant as well as the learned deputy government advocate......of court lays down that all criminal appeals, applications or references are to be heard by a single judge, except those which are mentioned in clauses (a) to (f) of that sub-rule. in the case of an appeal from acquittal clause (b) is applicable provided the appeal has been filed by the state government. if the appeal be by a complainant under section 417(3) of the code of criminal procedure, there is no provision in any of these clauses (a) to (f) under which such an appeal is taken out of the jurisdiction of a single judge.an appeal by a complainant under section 417(3) of the code of criminal procedure would thus be covered by the general words 'a criminal appeal', and, consequently it is within the competence of a single judge to hear such an appeal. consequently, our answer to.....
Judgment:

V. Bhargava, J.

1. We have heard learned counsel for the appellant as well as the learned Deputy Government Advocate.

2. Rule 2(vii) of Chapter V of Rules of Court lays down that all criminal appeals, applications or references are to be heard by a Single Judge, except those which are mentioned in Clauses (a) to (f) of that sub-rule. In the case of an appeal from acquittal Clause (b) is applicable provided the appeal has been filed by the State Government. If the appeal be by a complainant under Section 417(3) of the Code of Criminal Procedure, there is no provision In any of these Clauses (a) to (f) under which such an appeal is taken out of the jurisdiction of a Single Judge.

An appeal by a complainant under Section 417(3) of the Code of Criminal Procedure would thus be covered by the general words 'a Criminal appeal', and, consequently it is within the competence of a Single Judge to hear such an appeal. Consequently, our answer to the question referred to us is that an appeal filed by a complainant under Section 417 of the Code of Criminal Procedure can be entertained and dismissed by a Single Judge when the application for leave to appeal under Section 417(3) of the Code of Criminal Procedure has been rejected.

3. Let the papers be laid before the learnedSingle Judge with this answer of the question referred to us.


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