The State Of Madhya Pradesh vs Shivkumar
2022 Latest Caselaw 5475 MP

                                                                           1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                        BEFORE
                                                      HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                                  ON THE 13th OF APRIL, 2022

                                                          CRIMINAL APPEAL No. 1874 of 2016

                                               Between:-
                                               THE STATE OF MADHYA PRADESH THROUGH SHO
                                               KOTWALI, DISTRICT SAGAR (MADHYA PRADESH)

                                                                                                         .....APPELLANT
                                               (BY SHRI PRAMOD THAKRE, GOVERNMENT ADVOCATE FOR
                                               STATE)

                                               AND

                                               SHIVKUMAR S/O RAMCHARAN SAHU , AGED
                                               ABOUT 50 YEARS, R/O NEAR SHIMLA HOTEL,
                                               GUJRATI BAZAR, SAGAR (MADHYA PRADESH)

                                                                                                      .....RESPONDENTS
                                               (NONE FOR THE RESPONDENT )

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

This appeal has been filed by the State of MP against the judgment of acquittal dated 01.06.2015 by Ms. Neelima Devdatt, JMFC, Sagar (M.P.) whereby

the learned JMFC has acquitted the respondent/accused for the commission of offence under Sections 294, 323, 324 and 506(II) of the IPC.

As per the provisions of Section 378(1) of Cr.P.C., the District Magistrate, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order passed by the Magistrate in respect of cognizable and non- bailable offence. As acquittal order has been passed in respect of cognizable and non-bailable offence, appeal as per the direction of the District Magistrate had to be filed before Court of Session. State Government has no right to file an appeal before this Court under Section 378(3) of Cr.P.C. in a case where respondent/accused has been acquitted in respect of a cognizable and non bailable offence by the learned JMFC.

Signature Not Verified SAN Hence, this appeal being not maintainable before this Court, is dismissed. However, State shall be at liberty to file an appeal as per provision of law before Digitally signed by LALIT SINGH RANA Date: 2022.04.13 17:15:35 IST

the appropriate authority.

(DINESH KUMAR PALIWAL) JUDGE L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2022.04.13 17:15:35 IST