Vishal vs Teja
2022 Latest Caselaw 9321 MP

                                                                              1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                         HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                                      ON THE 11th OF JULY, 2022

                                                           MISC. CRIMINAL CASE No. 32760 of 2021

                                                    Between:-
                                                    VISHAL S/O AMBARAM PATIDAR, AGED ABOUT
                                                    33 YEARS, OCCUPATION: GOVT. SERVANT R/O
                                                    VILL-   HARASGAON     TEH.   MAHESHWAR
                                                    DISTRICT KHARGONE (MADHYA PRADESH)

                                                                                                           .....PETITIONER
                                                    (BY SHRI BHARAT YADAV, ADVOCATE)

                                                    AND

                                            1.      TEJA S/O SOMYA BHAGWATE R/O KARHI, TEH.
                                                    MAHESHWAR DISTRICT KHARGONE (MADHYA
                                                    PRADESH)

                                            2.      KISHORE S/O TEJA BHAGWATE R/O KARHI,
                                                    TEHSIL MAHESHWAR, DISTRICT KHARGONE
                                                    (MADHYA PRADESH)

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

                                                  This application coming on for admission this day, the court passed the
                                            following:
                                                                               ORDER

Petitioner Vishal Patidar has preferred this petition under Section 378(4) o f Cr.P.C. for granting leave to appeal against judgment of acquittal of the respondents dated 18.02.2021 delivered in Criminal Case No.165/2015 under Sections 499, 500 and 506 Part-II of IPC by the Judicial Magistrate First Class, Maheshwar.

Signature Not VerifiedDigitally signed by SAN REENA JOSEPH

2. In view of the judgment of the Hon'ble Supreme Court passed Date: 2022.07.11 19:11:27 IST

in Mallikarjun Kodagali vs. State of Karnataka, reported in 2018 SCC

Online SC 1941, and as per proviso to Section 372 of Cr.P.C. introduced with effect from 31.12.2009, the victim is not required to file petition for granting leave to appeal. He/she can directly prefer an appeal. Therefore, this miscellaneous petition is not maintainable.

3. Having regard to the aforesaid dictum of the Hon'ble Supreme Court as well as the proviso to Section 372 Cr.P.C., the petitioner is permitted to withdraw this petition with liberty to file criminal appeal in accordance with the law.

4. Certified copies of documents filed by the petitioner with the petition be returned back to him on substitution of self attested copies of those

documents.

5. With the aforesaid, the present petition stands disposed of.

6. I.A., if any, pending in this petition stands closed.

(RAJENDRA KUMAR (VERMA)) JUDGE RJ

Signature Not Verified VerifiedDigitally Digitally signed by SAN REENA JOSEPH Date: 2022.07.11 19:11:27 IST