Diwakar Pandey vs The State Of Jharkhand
2022 Latest Caselaw 2210 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Acquittal Appeal No.23 of 2019
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         Diwakar Pandey                             .... .... Appellant
                                      Versus
         1. The State of Jharkhand
         2. Ashok Pandey
         3. Sanjay Pandey
         4. Shashi Bhushan Pandey                   .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. Kalyan Banerjee, Adv.

         For the State                       : A.P.P.
         For the Res. Nos.2 to 3             : Mr. Sumit Prakash, Adv.
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                       rd
         08/Dated: 23 June, 2022

Learned counsel for the appellant seeks permission of this Court to withdraw this acquittal appeal to present it before the appropriate court in view of the judgment of Mallikarjun Kodagali (Dead) through Lrs. vs. State of Karnataka and Others (AIR 2018 Supreme Court 5206), wherein Hon'ble Supreme Court has held as under in para-77 :-

77. "Under the circumstances, on the basis of the plain language of the law and also as interpreted by several High Courts and in addition the resolution of the General Assembly of the United Nations, it is quite clear to us that a victim as defined in Section 2(wa) of the Cr.P.C. would be entitled to file an appeal before the Court to which an appeal ordinarily lies against the order of conviction. It must follow from this that the appeal filed by Kodagali before the High Court was maintainable and ought to have been considered on its own merits."

(Emphasis Supplied).

and also the judgment of Hon'ble Supreme Court of India in the case of Naval Kishore Mishra vs. State of Uttar Pradesh reported in AIR ONLINE 2019 SC 418, para-14 of which reads as under:-

14. "The legal position enunciated in Mallikarjun Kodagalli (d) though legal representatives (supra) would show that the appellant had a right to file the appeal and infact no leave has to be sought in such a situation. Thus, the appeal has to be dealt as a regular appeal." (Emphasis Supplied)

Accordingly, this acquittal appeal is dismissed as withdrawn with a liberty to the appellant to file the appeal before the appropriate court.

(Rajesh Kumar, J.)

Amar/-