The State Of Madhya Pradesh vs Vishnubai
2022 Latest Caselaw 13336 MP

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

                                          MISC. CRIMINAL CASE No. 33944 of 2021

                                   BETWEEN:-
                                   THE STATE OF MADHYA PRADESH THR. P.S.
                                   KANWAN, TEHSIL BADNAWAR, DISTRICT
                                   DHAR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                                   (MS. VARSHA THAKUR DY. G.A. FOR PETITIONER)

                                   AND
                                   VISHNUBAI W/O VIKRAM SINGH, AGED ABOUT
                                   43   YEARS, OCCUPATION: LABOUR GRAM
                                   TAROD, TEH. BADNAWAR, DISTRICT DHAR
                                   (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                                   (SHRI ANURAG VYAS,            LEARNED     COUNSEL      FOR     THE
                                   RESPONDENT [R-1].

                                 This application coming on for admission/orders this day, th e court
                           passed the following:
                                                              ORDER

This application for grant of leave to appeal under Section 378(3) of

Cr.P.C., 1973 has been filed against the judgment of acquittal dated 08.03.2021, passed by learned Judicial Magistrate First Class, Badnawar, District Dhar in Criminal Case/RCT No.301340/2015 acquitting the non-applicant for offence under Section 304-A of IPC.

Learned counsel for the applicant/State submits that the learned trial Court has erred in acquitting the respondent. There is ample evidence against the respondent.

Signature Not Verified Signed by: PREETHA NAIR Signing time: 12-10-2022 17:56:15

Learned counsel for the respondent has supported the impugned judgment and prays for dismissal of application for grant of leave to appeal.

On due consideration of the impugned judgment and the submissions advanced by the learned counsels for the parties, I am of the view that it is a fit case in which permission for grant of leave to appeal can be allowed.

Accordingly, application filed by the applicant under Section 378(3) of Cr.P.C. is allowed and permission for grant of leave to appeal is granted.

Office is directed to register it as criminal appeal. Office is directed to issue bailable warrant in the sum of Rs.10,000/- against the respondent for his/her appearance before the Registry of this Court

on 19.12.2022 and on all subsequent dates as may be fixed by the Registry in this behalf.

With the aforesaid, the application stands allowed and disposed off.

(RAJENDRA KUMAR (VERMA)) JUDGE

Signature Not Verified Signed by: PREETHA NAIR Signing time: 12-10-2022 17:56:15