ASHIQ versus STATE
Sections 417, 439 and 561 of the Penal Code of Criminal Procedure (XLV of 1860), sections 302/307/148/149 were filed by both the complainant and the state against the fate of the accused but the complainant. Earlier, both the appeals should have been heard simultaneously and should have been decided at the same time, but the appeal was not filed with the state appeal due to the mistake filed by the complaint. The complaint which was subsequently filed was dismissed without hearing the complainant while the appeal was filed by the complainant against the same decision pending the complaint. The High Court was denied the use of powers under Section 6161A, CRPC reversed the order under which the state's appeal was dismissed against any decision in the case of a private complaint. The state's appeal was dismissed, and the complainant was unfair. And violations of the principles of natural justice, especially when a premature appeal by the complainant must be heard first.
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