The State Of Madhya Pradesh vs Anand Singh
2022 Latest Caselaw 5358 MP

                                                                                   1
                                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                                        AT JABALPUR
                                                                               BEFORE
                                                             HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                                           ON THE 12th OF APRIL, 2022

                                                                 CRIMINAL APPEAL No. 1137 of 2016

                                                      Between:-
                                                      THE STATE OF MADHYA PRADESH THROUGH ITS
                                                      POLICE STATION TIMARNI, DISTRICT HARDA
                                                      (M.P.)

                                                                                                                 .....APPELLANT
                                                      (BY SHRI R.P. PRAJAPATI, LEARNED PANEL LAWYER FOR THE
                                                      STATE)

                                                      AND

                                              1.      ANAND SINGH S/O TARACHAND RAJPUT, AGED
                                                      ABOUT 62 YEARS, R/O GONDAGAON KHURD,
                                                      DISTRICT HARDA (M.P.)

                                              2.      RAGHUVEER SINGH S/O ANAND SINGH R/O
                                                      GONDAGAON KHURD, DISTRICT HARDA (M.P.)

                                                                                                            .....RESPONDENTS
                                                      (BY SHRI L.N. SAKLE, LEARNED ADVOCATE)

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

This appeal, by the State of M.P., has been filed against the judgment of conviction dated 12.06.2013 passed in Criminal Case No.1059/2008 (State of M.P. vs. Anand Singh & Another) by Shri Praveen Shivhare, JMFC, Harda, under Sections 341, 294, 324 or 324/34 and 506-B of Indian Penal Code.

As per the provision of Section 378(1) & (2) of Cr.P.C., District Magistrate may, in any case, direct the prosecutor to present an appeal before the Court of Sessions against the order of acquittal passed by the Magistrate in respect of cognizable and non-bailable offence. As in this case, acquittal has been passed in respect of cognizable and non-bailable office by the Magistrate, therefore, as per the mandate of Section 378(1), appeal had to be filed before the Court of Sessions and not before this Court.

Signature Not Verified SAN Therefore, this criminal appeal being not maintainable before this Court is dismissed. However, appellant/State shall be at liberty to proceed as per the Digitally signed by priyanka pithawe mishra Date: 2022.04.13 13:35:30 IST

provision of law and to file an appeal before the appropriate forum.

(DINESH KUMAR PALIWAL) JUDGE Priya.P

Signature Not Verified SAN

Digitally signed by priyanka pithawe mishra Date: 2022.04.13 13:35:30 IST