380 PPC Theft, house trespass and recovery of stolen property

2018 P Cr. L J 558

—-Ss. 380, 448 & 411—Criminal Procedure Code (V of 1898), S. 250—Theft, house trespass and recovery of stolen property—Compensation,
imposition of—Trial Court acquitted accused persons of the charge and directed complainant to pay compensation to them—Appeal against
compensation was dismissed by Lower Appellate Court on the ground that appeal against acquittal was pending before High Court—Validity—Order
of acquittal and order for payment of compensation by complainant were two separate orders although out of the same proceedings but were
appealable through separate appeals before different forums—Proceedings of one appeal should not affect the other appeal—If against an
order/judgment two remedies were provided under law, then the person concerned to avail the remedies, could approach proper forums which were to
decide matters, independently, without being influenced or prejudiced by proceedings pending before other forum—Lower Appellate Court had
wrongly dismissed appeal against compensation on the ground that appeal against acquittal was pending before High Court—Said court at the most
could have adjourned the appeal sine die—High Court set aside the order passed by Lower Appellate Court and remanded the appeal for decision
afresh—Revision was allowed in circumstances.

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