Anil Kumar Jha v. The State Of Bihar & Ors.

.... .... Respondents ====================================================== Appearance : For the Appellant : Mr. Manoj Kumar Singh, Advocate. For the Respondents : Mr. Ajay Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 18-06-2012 The present appeal has been filed under Section 372 of the Code of Criminal Procedure by the informant/victim of the case against the order dated 13.05.2008 passed by Sri Panchanan Sharma, learned Additional Sessions Judge, Fast Track Court No.1, Vaishali at Hajipur in Criminal Appeal No.09 of 2006 by which the accused persons after being convicted and sentenced were released under Section 4 of the Probation of Offenders Act. In my view, the present appeal under the proviso of Section 372 of the Code of Criminal Procedure is misconceived. In Section 372, a new proviso has been inserted, by Section 29 of the Cr.P.C.(Amendment) Act, 2008(5 of 2009). Section 372 of the Code relates to appeals from judgement or order of a criminal court. It gives to the victim the right to prefer an appeal against any adverse order passed by the trial court. In my view, under the proviso of Section 372 of the Patna High Court CR. APP (SJ) No.377 of 2012 (3) dt.18-06-2012 Code of Criminal Procedure the judgment and order passed by the Appellate Court cannot be challenged. In that view of matter, the present appeal is dismissed as not maintainable. The appellant, if so advised, may file an appropriate application challenging the order impugned accordance with law. (Ashwani Kumar Singh, J) B.Kr./-