RAMESH vs BRAHM PRAKASH & ANR

Judgment text excerpt

$~25 * 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] Signature Not Verified Signed By:HARMINDER CRL.L.P. 740/2018 Page 1 of 6 KAUR Signing Date:04.12.2025 18:11:39 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/Appellant had filed a complaint under section 200 of the Cr.P.C. alleging that on 22.02.2023, the Respondents/accused restrained the complainant and physically attacked him and inflicted injuries by kicking and punching him. The complainant was rescued by 3-4 by-standers who helped him get released from the clutch of the accused persons. 6. During the preliminary evidence, the Appellant examined himself as CW-1, his wife Smt. Anju as CW-2 and their relative Mr. Ravinder as CW-3.