The Delhi High Court on April 12, 2019, in the case of
Jai Naryan v. State & Ors., has reiterated a decision by the Supreme Court and stated that a victim of an offence or his/her legal heirs and guardian are entitled to challenge an order of acquittal or conviction of an accused for a lesser offence or inadequate compensation under
Section 372 of the
Code of Criminal Procedure, 1973, by way of a ‘Criminal Appeal’ instead of filing ‘Criminal Leave Petition’.
A Division Bench comprising of
Justices Hima Kohli and
Vinod Goel was hearing a ‘criminal leave petition’ filed by the father of the deceased, assailing the judgment dated February 5, 2019, where under the respondents have been acquitted of the offences under
Sections 302, 201 and
34 of the
Indian Penal Code 1860. The Bench while passing the order noted the decision passed by the Supreme Court in
Mallikarjun Kodagali v. State of Karnataka[(2019) 2 SCC 752], wherein it was held that apart from the State, a victim could also file an appeal against the acquittal of the accused, without seeking the leave of the appellate court.
The Bench said that despite of the settled legal position, the practice of filing criminal leave petitions was still prevalent. “It has come to our notice that despite the above legal position, the Registry has not been raising any objections as to the maintainability of Criminal Leave Petitions like the present one, filed by the victims and/or his/her legal heirs/guardians when such a right has been vested in them by virtue of the captioned decision,” the Bench said. It thus directed the High Court Registry to comply with the direction of the Supreme Court and treat all Criminal Leave Petitions filed by the victim of an offence and/or his/her legal heirs/guardian as a regular Criminal Appeal filed under Section
372 CrPC. Further, the court added that wherever necessary, an objection shall be raised at the time of clearing a petition for listing in court so that the defect can be removed by the concerned counsel right away. Before parting with the case, the court also directed for circulation of the decision of the Supreme Court by way of a notice in the Cause List.
[Read Order]
Delhi HC Orders All Subordinate Courts To Sit Physically on Alternate Day Basis [READ ORDER]
Judiciary
Jan 18, 2021
Gautami Chakravarty
(
Editor: Ekta Joshi
)
2 Shares
The Registrar General of the Delhi High Court has instructed the Principal District & Sessions Judges and the Principal Judge, Family Court to start physical hearings on an alternate day basis from 18.01.2020.It will be done through video conferencing on non physical days. The order directs the Principal District & Sessions Judges and the Principal Judge, Family Court to prepare a roster of all other subordinate courts within their respective districts to ensure that the...
11 Benches of the Delhi High Court to Conduct Physical Hearings from 18th to 20th February, 2021 [READ ORDER]
Legal Insiders
Jan 15, 2021
Gautami Chakravarty
(
Editor: Ekta Joshi
)
6 Shares
In a recent order dated 14.01.2021, the Delhi High Court has announced that 11 benches of the High Court shall conduct physical hearings from 18.01.2021. The subject of the order states ‘Extension of Present System of Hearing of Matters before Delhi High Court till 20.02.2021’. The order came in the consequence of less number of covid-19 cases in the NCT of Delhi.The Division of the 11 benches according to the order are as follows- 2 Division Benches3 Single Benches...
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