The State Of Madhya Pradesh vs Rajesh Singh
2022 Latest Caselaw 6018 MP

                                                                                1
                                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                                        AT JABALPUR
                                                                              BEFORE
                                                            HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                                        ON THE 23rd OF APRIL, 2022

                                                                 CRIMINAL APPEAL No. 3517 of 2016

                                                      Between:-
                                                      THE STATE OF MADHYA PRADESH, THROUGH
                                                      POLICE NAIGARHI DISTRICT REWA (M.P.)

                                                                                                              .....APPELLANT
                                                      (BY SHRI SATYAPAL CHADAR, LEARNED GOVERNMENT
                                                      ADVOCATE)

                                                      AND

                                              1.      RAJESH SINGH S/O BHAGWAN SINGH, AGED
                                                      ABOUT 38 YEARS, R/O VILLAGE CHAKRAN TOLA
                                                      P.S NAIGARHI DISTRICT REWA (M.P.)

                                              2.      PRABHUNATH S/O SURYADEEN PATEL, AGED
                                                      ABOUT 37 YEARS, R /O VILLAGE CHAKRAN TOLA
                                                      P.S NAIGARHI DISTRICT REWA (M.P.)

                                              3.      VIKASH SINGH S/O BHOLA SINGH , AGED ABOUT
                                                      28 YEARS, R/O VILLAGE CHAKRAN TOLA P.S
                                                      NAIGARHI DISTRICT REWA (M.P.)

                                              4.      SURYAPAL SINGH S/O SHIVDATT SINGH, AGED
                                                      ABOUT 50 YEARS, R /O VILLAGE CHAKRAN TOLA
                                                      P.S NAIGARHI DISTRICT REWA (M.P.)

                                              5.      BHAGWAN SINGH S/O SHIVRATAN SINGH, AGED
                                                      ABOUT 70 YEARS, R /O VILLAGE CHAKRAN TOLA
                                                      P.S NAIGARHI DISTRICT REWA (M.P.)

                                              6.      RAMAVTAR SINGH S/O SHIVDATT SINGH , AGED
                                                      ABOUT 62 YEARS, R /O VILLAGE CHAKRAN TOLA
                                                      P.S NAIGARHI DISTRICT REWA (M.P.)

                                              7.      PUSHPENDRA SINGH S/O RAMAVTAR SINGH,
                                                      AGED ABOUT 28 YEARS, R/O VILLAGE CHAKRAN
                                                      TOLA P.S NAIGARHI DISTRICT REWA (M.P.)

                                                                                                           .....RESPONDENTS
                                                      (NONE PRESENT)

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

The State has filed this appeal under Section 378(1) of Cr.P.C., 1973, Signature Not Verified

against the judgment dated 01.02.2016 passed by the learned JMFC, Mauganj, SAN

Digitally signed by priyanka pithawe mishra Date: 2022.04.23 16:11:40 IST District Rewa in Criminal Case No.452/2005 (State of M.P. through Police Station

Naigarh, District Rewa vs. Rajesh and others), whereby, the learned JMFC has acquitted the respondents/accused for commission of offence under Section 324/34 of Indian Penal Code.

As per the provisions of Section 378(1) of Cr.P.C., the District Magistrate

may, in any case, direct the Public Prosecutor to present an appeal to the Court of Sessions from an order of acquittal passed by the Magistrate in respect of a cognizable and non-bailable offence.

In this case, the order of acquittal has been passed by the Magistrate in respect of cognizable and non-bailable offence therefore, the appeal shall lie before the Court of Sessions and not before the High Court.

Hence, this appeal, being not maintainable, is dismissed. However, the appellant shall be at liberty to approach the competent Court as per the provisions of law.

(DINESH KUMAR PALIWAL) JUDGE Priya.P

Signature Not Verified SAN

Digitally signed by priyanka pithawe mishra Date: 2022.04.23 16:11:40 IST