Dayanand Pathak vs The State Of Jharkhand
2022 Latest Caselaw 3717 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Acq. Appeal (C) No. 38 of 2020
              Dayanand Pathak                                ...            ... Appellant
                                           Versus
              1. The State of Jharkhand
              2. Umesh Pandey                                ...            ... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. H.K. Shikarwar, Adv.

              For the State                    : Mr. V.K. Vashistha, APP
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05/14.09.2022:           The present appeal has been filed against the judgment of acquittal dated

22.06.2017 passed by J.M., 1st Class, Hazaribag in Complaint Case No.229 of 2004 (T.R. No.176 of 2017) wherein the accused/appellant has been charged and acquitted for the offence under Section 420 of the Indian Penal Code. Against the said order of acquittal, an appeal being Cr. Appeal No.73 of 2017 has been filed before the Addl. Sessions Judge-VII, Hazaribag, which was finally heard by the appellate court and vide order dated 29.02.2020, the same has been dismissed on the ground of maintainability.

It is hereby hold that the appeal is maintainable before the Sessions Judge. Accordingly, the orders dated 22.06.2017 and 29.02.2020 are hereby set aside.

At this stage, counsel for the appellant seeks permission to withdraw this appeal with a liberty to work out his remedy before an appropriate forum.

Permission is granted.

Counsel for the State has no objection.

Accordingly, this appeal stands disposed of with the liberty aforesaid. Pending I.A., if any, stands disposed of.

(Rajesh Kumar, J.)

Ravi/