Devesh Kumar Choudhary vs Ram Dubey @ Rakesh
2022 Latest Caselaw 5284 MP

                                                                      1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                    BEFORE
                                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                              ON THE 11th OF APRIL, 2022

                                                      CRIMINAL APPEAL No. 2143 of 2010

                                           Between:-
                                           DEVESH         KUMAR     CHOUDHARY     S/O
                                           M.B.CHOUDHARY, AGED ABOUT 38 YEARS,
                                           37/34/238, TRIMURTI NAGAR NEAR DAMOH NAKA,
                                           JABALPUR,       DISTT. JABALPUR.  (MADHYA
                                           PRADESH)

                                                                                                    .....APPELLANT
                                           (BY SHRI SANJAY PATEL, ADVOCATE)

                                           AND

                                           1.RAM DUBEY @ RAKESH S/O LATE SHRI ONKAR
                                           PRASAD DUBEY , AGED ABOUT 49 YEARS,
                                           OCCUPATION: SERVING IN THE MUNICIPAL
                                           CORP. JABALPUR DISTT. JABALPUR. (MADHYA
                                           PRADESH)
                                           2.SHYAM S/O LATE SHRI ONKAR PRASAD DUBEY,
                                           AGED ABOUT 51 YEARS, OCCUPATION: SERVING
                                           IN THE MUNICIPAL CORP. JABALPUR DISTT.
                                           JABALPUR. (MADHYA PRADESH)
                                           3.KAPIL S/O VIJAY KUMAR DUBEY, AGED
                                           ABOUT 32 YEARS, OCCUPATION; SERVING
                                           IN THE MUNICIPAL CORP. JABALPUR DISTT.
                                           JABALPUR. (MADHYA PRADESH)
                                           ALL RESIDENT 616, KOTWALI, P.S. KOTWALI,
                                           DISTT. JABALPUR (M.P.)
                                           4. THE STATE OF M.P. THROUGH
                                           P.S.A.J.K., JABALPUR, DISTT.JABALPUR (M.P.)

                                                                                                 .....RESPONDENTS
                                           (BY SHRI PUNEET SHROTI, ADVOCATE FOR RESPONDENTS NO.1
                                           TO 3
                                           SHRI YOGENDRA DAS YADAV, GOVT. ADVOCATE FOR
                                           RESPONDENT NO.4)

                                         T h is appeal coming on for admission this day, the court passed the
                                   following:
                                                                       ORDER

This appeal under Section 372 of Cr.P.C. has been filed against judgment of conviction and order of sentence dated 29.3.2010 by the victim Devesh Kumar Choudhary.

2. On a perusal of para 23 and 25 of the impugned judgment, it is revealed Signature Not Verified SAN that all the three respondents have been convicted under Section 294, 323/34 of IPC and are sentenced to fine of Rs.1000/- each. Digitally signed by DEEPA MISHRA Date: 2022.04.11 16:59:34 IST

3. As per the proviso of Section 372 of Cr.P.C. victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of

conviction of such Court.

4. Appeal filed by the victim is not on all the three grounds mentioned in the proviso of Section 372 of Cr.P.C.

5. Hence, this appeal being not maintainable under Section 372 of Cr.P.C. It is dismissed accordingly.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.04.11 16:59:34 IST