Allahabad High Court
TITUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The appeal is not maintainable because the first informant is not a victim within the meaning of Section 413 CrPC, and it is dismissed.
Summary
The appellant, Titu, appealed under Section 413 of the Criminal Procedure Code against the acquittal of accused Nos. 2‑4 in a case involving alleged abusive language and an altercation with the victim. The trial court had acquitted these accused, while the deceased accused Vikas @ Ulla was alleged to have fired at the victim. The appeal was filed by the brother of the victim, who was the first informant, not the victim himself. The High Court held that the first informant does not fall within the definition of a "victim" entitled to file an appeal under Section 413, and therefore the appeal was not maintainable. Consequently, the appeal was dismissed.
Issues considered
- The first informant has locus standi to file an appeal under Section 413 CrPC
- Whether the appeal is maintainable when the alleged perpetrator of the more serious offence is deceased
Legislation cited
- Code of Criminal Procedure, 1973 — s. 413
- Indian Penal Code — s. 307, 34, 504
- Protection of Children from Sexual Offences (POCSO) Act
Subjects
- Section 413 CrPC
- maintainability of appeal
- victim's right
- locus standi
- criminal appeal
- IPC sections 307, 34, 504
- POCSO Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL U/S 413 BNSS No. - 282 of 2026
Titu
.....Appellant(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Appellant(s) : Amrit Shanker Dubey
Counsel for Respondent(s) : G.A.
Court No. - 43
HON'BLE SALIL KUMAR RAI, J.
HON'BLE DEVENDRA SINGH-I, J.
The present appeal has been filed against the judgement and order
dated 19.03.2026 passed by the Additional Sessions Judge (POCSO
Act), Court No. 3, Firozabad in Sessions Trial No. 412 of 2018 (State
of U.P. Vs. Vikas @ Ulla and Others) arising out of Case Crime No.
761 of 2016, under Sections 307/34 and 504 I.P.C., Police Station-
Sirsaganj, District-Firozabad whereby the trial court has acquitted the
accused/opposite party Nos. 2 to 4.
It transpires from the judgement of the trial court that the allegation of
firing at the injured was made against one Vikas @ Ulla who died
during the trial of the case.
The allegation against the present accused/opposite party Nos. 2 to 4
was only regarding using abusive language and entering into
altercation with the injured.
It is noticeable that the first information report was lodged by the
brother of the victim. It is also noted that the appeal has been filed by
the first informant.
The injured, i.e., the victim is still alive.
In view of the aforesaid, the present appeal is not maintainable at the
instance of the first informant who, in the present case, does not
come within the definition of 'victim' having the right to file the present
NC413 No. 282 of 2026
2
appeal under Section 413 B.N.S.S.
We have also taken note of the fact that the accused against whom
the role of firing was alleged in the first information report and in the
testimony of the injured has already died.
For the aforesaid reasons, the appeal is dismissed.
(Devendra Singh-I,J.) (Salil Kumar Rai,J.)
May 6, 2026
Anurag/-
Digitally signed by :-
ANURAG KUMAR VERMA
High Court of Judicature at Allahabad
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