Chandra Shekhar Dubey (Deceased) vs Ram Sevak Chari
2022 Latest Caselaw 6042 MP

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                    IN THE HIGH COURT OF MADHYA PRADESH
                                 AT GWALIOR
                                    CRA No. 3337 of 2022
                 (CHANDRA SHEKHAR DUBEY (DECEASED) Vs RAM SEVAK CHARI AND OTHERS)

    Dated : 23-04-2022
             Shri S.S. Bansal, learned counsel for the appellant.

             Shri Vijay Sundaram, learned Panel lawyer for the respondents-State.

The instant appeal is preferred by the appellant under Section 372 of Cr.P.C. against the judgment of the trial Court dated 23/12/2021 passed in Special Trial No.178/2015 whereby respondents, who were facing trial as accused were acquitted.

It is the submission of learned counsel for the appellant that the case was instituted on private complaint.

Office objection is raised regarding maintainability of the appeal. Prima facie, it appears that the appeal arises out of the private complaint, therefore, appellant has to first file an application seeking leave to appeal under Section 378(4) of Cr.P.C., but it is the submission of learned counsel for the appellant that there is not distinction carved under Section 372 Cr.P.C. regarding differentiation of victim.

Learned counsel for the appellant is directed to prepare the case more

extensively in the light of the judgment of the Hon'ble Apex Court in the case of Malikarjun Kodagali (Dead) thr. Legal Representatives Vs. State of Karnatka and Others reported in (2019) 2 SCC 752 and recent judgment of the Hon'ble Apex Court in the case of Joseph Stephen and Others Vs. Santhanasamy and Others reported in 2022 SCC Online SC 90.

Learned counsel for the appellant prays for and is granted two weeks' time to advance arguments.

List this appeal after ensuing summer vacation.

        (ANAND PATHAK)                                     (MILIND RAMESH PHADKE)
            JUDGE                                                   JUDGE

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VARSHA
CHATURVEDI
2022.04.23
15:32:36
+05'30'