- (1.) Heard Sri Satish Chandra Sinha, learned Counsel for the appellant and Sri Rajiv Sharma for the State. This appeal has been preferred under section 372 Cr.P.C. along with Delay Condonation Application. At the time of entertaining the same following order was passed by the Division Bench on 31.5.2013: "This application for grant of leave to appeal has been filed by Manoj Kumar Singh, who is the brother-in-law of the deceased. The informant father of the deceased has not preferred any appeal against acquittal. The application for condonation of delay in filing the appeal has been filed supported by an affidavit. The question arises that as to whether the applicant Manoj Kumar Singh has a right to file an appeal under section 372 Cr.P.C. or not. Learned Counsel appearing on behalf of the applicant prays for and is granted three weeks' time to prepare the case. List this application along with appeal in the second week of July, 2013 before the appropriate Bench."
(2.) One of the questions that was posed at the time of entertaining the appeal, as to whether the present applicant Manoj Kumar Singh did have any right to prefer the appeal under section 372 Cr.P.C. or not.
(3.) It is admitted on record that the appellant has described himself as the brother-in-law of the deceased i.e. husband of the sister of the deceased.;