The State Of Madhya Pradesh vs Somnath
2023 Latest Caselaw 1883 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                           ON THE 2 nd OF FEBRUARY, 2023
                                          CRIMINAL APPEAL No. 9941 of 2022

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH OFFICER
                          INCHARGE AARAKSHI KENDRA DISTT. KATNI
                          (MADHYA PRADESH)

                                                                               .....APPELLANT
                          (BY SHRI SATYAPAL CHADDAR - GOVT. ADVOCATE )

                          AND
                          1.    SOMNATH S/O BABADEEN, AGED ABOUT 29
                                YEARS, R/O VILLAGE JIJNAUDI, POLICE STATION
                                VIJAYRAGHAVGARH DISTRICT KATNI (MADHYA
                                PRADESH)

                          2.    KRISHNAKUMAR S/O BABADEEN, AGED ABOUT
                                34   YEARS, R/O VILLAGE JIJNAUDI, POLICE
                                STATION VIJAYRAGHAVGARH DISTRICT KATNI
                                (MADHYA PRADESH)

                          3.    BABADEEN S/O SUNDARLAL SAHU, AGED ABOUT
                                68   YEARS, R/O VILLAGE JIJNAUDI, POLICE
                                STATION VIJAYRAGHAVGARH DISTRICT KATNI
                                (MADHYA PRADESH)

                          4.    RAMESHWAR S/O SUKHDEV SAHU, AGED ABOUT
                                34   YEARS, R/O VILLAGE JIJNAUDI, POLICE
                                STATION VIJAYRAGHAVGARH DISTRICT KATNI
                                (MADHYA PRADESH)

                          5.    CHANDAN @ CHANDRAKANT S/O SUKHDEV
                                SAHU, AGED ABOUT 39 YEARS, R/O VILLAGE
                                JIJNAUDI, POLICE STATION VIJAYRAGHAVGARH
                                DISTRICT KATNI (MADHYA PRADESH)

                          6.    DHANIRAM S/O RAMPRASAD SAHU, AGED
                                ABOUT 39 YEARS, R/O VILLAGE JIJNAUDI, POLICE
                                STATION VIJAYRAGHAVGARH DISTRICT KATNI
                                (MADHYA PRADESH)
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 2/3/2023
11:19:12 AM
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                                                                                     .....RESPONDENTS
                          (NONE )

                                  T h is appeal coming on for orders this day, t h e cou rt passed the
                          following:
                                                              ORDER

This appeal under Section 378(3) of Cr.P.C. has been filed against the judgment of acquittal dated 15.7.2022 passed by Shri Anupam Tiwari, Judicial Magistrate First Class, Vijayraghavgarh, District Katni (M.P.) whereby the learned trial Court has acquitted the respondents from commission of offence under Sections 341, 294, 325/34 and 506 Part II of IPC As per the provisions of Section 378(1) & (2) of Cr.P.C., the appeal

arising out of original judgments/orders of acquittal passed by the Magistrate shall lie to the Court of Session. Where an order of acquittal has been passed by Magistrate in a cognizable and non-bailable offence, an appeal has to be filed before Court of Session not before this Court.

Therefore, this appeal being not maintainable before this Court, is dismissed.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/3/2023 11:19:12 AM