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december 2025

Delhi High Court · 2025-12-02

RAMESH vs BRAHM PRAKASH & ANR

Citation / case number
CRL.L.P.-740/2018 2025:DHC:10826
Court
Delhi High Court
Petitioner
RAMESH
Respondent
BRAHM PRAKASH & ANR
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 2, 2025 CRL.L.P. 740/2018 RAMESH .....Petitioner Through: Mr. Dinesh Kumar, Adv. through V.C. versus BRAHM PRAKASH & ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN AMIT MAHAJAN, J. (Oral) 1. The present petition is filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter ‘CrPC’) seeking leave to challenge the judgment dated 06.09.2018 (hereinafter ‘the impugned judgment’), passed by the learned Magistrate, in CC No. 02/2013, whereby the learned Trial Court had acquitted the respondents of the offences under Sections 325/341 of the Indian Penal Code, 1860 (hereinafter ‘IPC’). 2. At the outset, it is pertinent to note that the present petition has been preferred by the victim under Section 372 of the Cr.PC. 3. It is settled law that the victim’s right to appeal against acquittal is absolute and no special leave is required by a victim to prefer such a challenge. [Ref: Joseph Stephen v. Santhanasamy : (2022) 13 SCC 115] 4. In view of the above, the present case is directed to be renumbered as an appeal. CRL. A. (to be numbered) 5. Succinctly stated, the complainant/Appel