Chhotelal Saraogi vs The State Of Madhya Pradesh
2022 Latest Caselaw 5669 MP

                                                                          1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                       BEFORE
                                                     HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                                  ON THE 19th OF APRIL, 2022

                                                         CRIMINAL APPEAL No. 1903 of 2022

                                              Between:-
                                              CHHOTELAL SARAOGI S/O LATE POORANMAL
                                              SARAOGI , AGED ABOUT 70 YEARS, OCCUPATION:
                                              BUSINESS R/O ATIRAJ BHAWAN WARD NO. 9
                                              BURHAR     DISTRICT   SHAHDOL     (MADHYA
                                              PRADESH)

                                                                                                        .....APPELLANT
                                              (BY SHRI SANJEEV TULI, ADVOCATE )

                                              AND

                                      1.      THE STATE OF MADHYA PRADESH THROUGH
                                              POLICE STATION BURHAR DISTRICT SHAHDOL
                                              (MADHYA PRADESH)

                                      2.      KAILASH KUMAR SINGHANIYA S/O LATE
                                              SATYANARAYAN SINGHANIYA , AGED ABOUT 65
                                              YE A R S , OCCUPATION: NIL R/O WARD NO.7,
                                              BURHAR, POLICE STATION-BURHAR, DISTRICT-
                                              SHAHDOL(M.P.) (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                              (BY SHRI RAMJI PATEL, PANEL LAWYER)

                                            This 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 acquittal dated 08.12.2021 passed in Criminal Case No.1830/12 (State of Madhya Pradesh Vs. Kailash Kumar Singhaniya) by Shri Siddharth Sharma, Judicial Magistrare First Class, Budhar whereby respondent no.2 has been acquitted for commission of offence under Sections 341, 352, 294 and 506 (Part-II) of IPC.

As per the mandate of proviso of Section 372 of Cr.P.C, victim has a right to prefer an appeal against any order passed by the Court acquitting the accused or convict 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 Signature Not Verified SAN conviction of such Court.

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.04.20 11:12:00 IST As per mandate of proviso of Section 374(3) of Cr.P.C any person who has

been convicted in trial held by Judicial Magistrate First Class, appeal has to be filed before the Court of session.

This appeal is against the order of acquittal passed by Judicial Magistrate First Class, Budhar, District Shahdol. Hence, as per the law the appeal had to be

filed before the Court of session at Shahdol and not before this Court.

As this appeal is not maintainable before this Court, the same is dismissed as not maintainable. However, appellant shall be at liberty to file it before the Court of session as per the law.

Trial Court record alongwith copy of order be sent down immediately.

(DINESH KUMAR PALIWAL) JUDGE anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.04.20 11:12:00 IST