Court No. - 12
Case :- APPLICATION U/S 482 No. - 19461 of 2018 Applicant :- Rakesh Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Shri Abhishek Gupta, learned counsel for the applicant and learned A.G.A. for the State.
The present application under section 482 Cr.P.C. has been filed with the prayer to stay the further proceedings of Criminal Appeal No. 90 of 2017 (Madan Lal Vs. State of U.P. and another), under Section 378 of Cr.P.C., pending in the court of District and Sessions Judge, Bulandshahar.
Learned counsel for the applicant has relied upon the judgement of the Apex in the case of Subhash Chand Vs. State (Delhi Administration), 2013 Laws Suit (SC) 15 and has argued that an appeal against the order of acquittal of any kind in compliant case can only be filed before the High Court and not before the court of Sessions.
Argument is that he has been acquitted by the Magistrate and the complainant has filed an appeal before the Additional Sessions Judge, Bulandshahar. In the aforesaid appeal, he has moved an application dated 09.5.2018 stating that the appeal against the acquittal is not cognizable by the learned Additional Sessions Judge in view of the judgement of Apex Court stated above.
Argument is that the lower appellate court may be directed to decide the objection of the applicant before proceeding with the appeal. The prayer is allowed.
The lower appellate court is directed to decide the application dated 09.5.2018 of the applicant before proceeding with this appeal further in view of the law in the case of Subhash Chand (supra).
The application is allowed.
Order Date :- 30.5.2018 Ruchi Agrahari