The State Of Madhya Pradesh vs Mukesh Basod
2022 Latest Caselaw 6727 MP

                                                                        1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                    BEFORE
                                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                               ON THE 5th OF MAY, 2022

                                                      CRIMINAL APPEAL No. 4407 of 2017

                                           Between:-
                                           THE STATE        OF MADHYA PRADESH P.S.
                                           SEONIMALWA         HOSHANGABAD (MADHYA
                                           PRADESH)

                                                                                                     .....APPELLANT
                                           (BY SHRI DINESH KUMAR PATEL, ADVOCATE )

                                           AND

                                   1.      MUKESH BASOD S/O SHRI FATTULAL BASOD ,
                                           AGED ABOUT 27 YEARS, GADARI MOHALLA
                                           SEONIMALWA   P.S. SEONIMALWA    DISTT.
                                           HOSHANGABAD (MADHYA PRADESH)

                                   2.      RAKESH BASOD S/O FATTULAL BASOD , AGED
                                           ABOUT    28    YEARS, GADARI  MOHALLA
                                           SEONIMALWA   P.S.  SEONIMALWA   DISTT.
                                           HOSHANGABAD (MADHYA PRADESH)

                                   3.      FUTTULAL BASOD S/O RATIRAM BASOD , AGED
                                           ABOUT     45    YEARS, GADARI  MOHALLA
                                           SEONIMALWA    P.S.  SEONIMALWA   DISTT.
                                           HOSHANGABAD (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                           (NONE )

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

T he State has filed this appeal under Section 378(1) of Cr.P.C., 1973, against the judgment dated 7.12.2015 passed by the learned JMFC, Seoni Malwa, District Hoshangabad in Criminal Case No.452/2012 (State of M.P. through Police Station, Seoni Malwa vs. Mukesh Basod and others), whereby, the learned JMFC has acquitted the respondents/accused for commission of offence under Section 294, 325, 34 of Indian Penal Code.

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

Signature Not Verified may, in any case, direct the Public Prosecutor to present an appeal to the Court of SAN

Sessions from an order of acquittal passed by the Magistrate in respect of a Digitally signed by DEEPA MISHRA Date: 2022.05.06 17:21:18 IST

cognizable and non-bailable offence.

I n 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 before this Court, is dismissed.

However, the appellant shall be at liberty to approach the competent Court as per the provisions of law.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.05.06 17:21:18 IST