The State Through Vinaya Bharti vs Bhola Nath Mandal
2023 Latest Caselaw 179 Jhar

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 IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Govt. Appeal No. 42 of 1998

The State through Vinaya Bharti, senior Superintendent of
Post Officers, Santhal Pargana Division, Dumka.
                             ... ...       ...   Appellant
                           Versus
Bhola Nath Mandal, son of late Prem Chand Mandal,
resident of village-Ghormara, Police station-Mohanpur,
District-Deoghar              ..... ...     ...     Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

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For the State : Mr. Ravi Prakash, Spl. P.P. For the Respondent : None

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Order No. 10/Dated 10th January, 2023

Mr. Ravi Prakash, learned Special Public

Prosecutor, appearing for the appellant-State at the outset

has submitted that the instant appeal has been filed in

exercise of power conferred under Section 378(1) and (3) of

the Code of Criminal Procedure, which is not a proper

forum in view of provision as contained under Section 378

(2) (a) of the Code of Criminal Procedure. Such submission

has been made on the ground that the impugned judgment

of acquittal has been passed by the learned Judicial

Magistrate, 1st Class and therefore, the appeal will lie before

the Court of Sessions in view of provision as contained

under Section 378 (2) (a) of the Code of Criminal Procedure.

Learned Special Public Prosecutor, appearing for the

appellant-State, in view of such submission seeks leave of

this Court to withdraw the instant appeal, however,

reserving liberty to the State to approach before the

appropriate forum.

In view of submission advanced by learned counsel

for the appellant-State, the instant appeal is dismissed as

withdrawn with liberty to the appellant-State to approach

the appropriate forum, if so wishes.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Alankar/-