Order 5

Order Details: COPY OF ORDER
Pdf Text: 12 CA / 224/2024
HARIOM BHARDWAJ (SENIOR CITIZEN)
Vs.
YOGENDER NATH SHARMA AND ORS.
(Harash Vihar)
05.12.2024
Present: Chaudhary Rajender Singh and Sh. Sandeep Kumar, Ld.
Counsels for the appellant / complainant.
Respondents / accused with Ld.Counsel Sh. Naveer Dabas.
Ld. Counsel for the respondents has submitted that the present
appeal is not maintainable, being in the teeth of the proviso of Section 372
Cr.P.C., which is the same as proviso of Section 413 of BNSS. He has
relied upon a judgment in this regard, titled as Parvinder Kansal Vs. The
state of NCT of Delhi & Ors., MANU/SC/0650/2020. In the said matter, an
appeal was filed, challenging the order on sentence of the Sessions Court,
seeking imposition of death penalty for the offence u/s.302 IPC. However,
the Hon’ble Apex Court had observed that the proviso of Section 372
Cr.P.C. (same as proviso of Section 413 BNSS) is restricted to three
eventualities, namely acquittal of the accused ; conviction of the accused
for lesser offence, or for imposing inadequate compensation. Besides the
aforesaid three eventualities, there is no right of appeal conferred by
Section 372 Cr.P.C. to the victim. Noting the said law, the Hon’ble Apex
Court had upheld the order of the Hon’ble High Court. Copy of the said
judgment provided to Ld. Counsel for the appellant / complainant, who
seeks some time to go through the said judgment and address arguments on
maintainability.
At request, put up for arguments on the point of maintainability
on 10.12.2024. Request has been made to call the Trial Court record in
cross-FIR No.05/10, State Vs. Hariom Bhardwaj, PS Harsh Vihar. Let the
said TCR be summoned for the next date of hearing.
(Saurabh Partap Singh Laler)
Special Judge (NDPS Act),
Shahdara, Karkardooma Courts
Delhi/05.12.2024
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