Jeetu Lal Choudhary vs Sunandi
2022 Latest Caselaw 4601 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                BEFORE
              HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                          ON THE 31st OF MARCH, 2022

                   CRIMINAL APPEAL No. 2478 of 2014

        Between:-
        JEETU LAL CHOUDHARY S/O SHRI JAGAT DEO
        CHOUDHARY , AGED ABOUT 40 YEARS, BADKHAR,
        TALAIYA MOHALLA, NEAR        SCHOOL, P.S.
        KOLGAWA, DISTT. SATNA, M.P. (MADHYA
        PRADESH)

                                                                .....APPELLANT
        (NONE FOR THE APPELLANT)

        AND

1.      SUNANDI S/O SHRI RAJARAM CHOUDHARY ,
        AGED   ABOUT   22  YEARS, BADKHAR, P.S.
        KOLGAWA, DISTT. SATNA, M.P. (MADHYA
        PRADESH)

2.      SMT.SUKHVARIYA W/O RAJARAM , AGED ABOUT
        52 YEARS, BADKHAR, P.S.KOLGAWA, DISTT.SATNA
        (MADHYA PRADESH)

3.      SMT.RANNU W/O SUNANDI CHOUDHARY , AGED
        ABOUT 20 YEARS, BADKHAR, P.S.KOLGAWA,
        DISTT.SATNA (MADHYA PRADESH)

4.      THE STATE OF MADHYA PRADESH THRO.
        P.S.KOLGAWA, DISTT.SATNA (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (RESPONDENT NO.4 BY SHRI R.P. PRAJAPATI, PANEL ADVOCATE)

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

T his appeal under Section 372 of Cr.P.C. has been filed against the appellate judgment dated 20.12.2011 passed by learned Additional Sessions Judge to the Court of First Additional Sessions Judge, Satna whereby learned Additional Sessions Judge partly allowed the appeal preferred by accused/respondent nos.1 to 3 and acquitted them of the offence under Section 452/34 of IPC but confirmed the conviction recorded for commission of offence under Sections 323/34 and 324 of I.P.C. by learned JMFC.

Under proviso to Section 372 of Cr.P.C. an appeal can be filed by victim

against the order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation.

This appeal not being filed out of the three grounds mentioned in proviso to Section 372 Cr.P.C. Therefore, this appeal does not appear maintainable before

this Court.

Hence, this appeal being not maintainable, is dismissed.

(DINESH KUMAR PALIWAL) JUDGE b Digitally signed by BIJU BABY Date:

2022.04.01 11:34:38 +05'30'