The State Of Madhya Pradesh vs Mahendra Singh
2023 Latest Caselaw 1885 MP

                                                            1
                           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. 10656 of 2022

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH ITS
                          POLICE STATION TENDUKHEDA DAMOH (MADHYA
                          PRADESH)

                                                                                       .....APPELLANT
                          ( SHRI A.N. GUPTA - GOVT. ADVOCATE)

                          AND
                          1.     MAHENDRA SINGH S/O KUSHAL SINGH LODHI,
                                 AGED   ABOUT   40   YEARS, MOHAD   P.S.
                                 TENDUKHEDA (MADHYA PRADESH)

                          2.     BHEEKAM SINGH S/O MAHENDRA SINGH LODHI,
                                 AGED ABOUT 28 YEARS, R/O MOHAD P.S.
                                 TENDUKHEDA DISTRICT DAMOH (MADHYA
                                 PRADESH)

                          3.     KAMLESH S/O HUKUM SINGH LODHI, AGED
                                 ABOUT 32 YEARS, R/O MOHAD P.S. TENDUKHEDA
                                 DISTRICT DAMOH (MADHYA PRADESH)

                                                                                    .....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 Jagmohan Singh, Judicial Magistrate First Class, Tendukheda, District Damoh (M.P.) whereby the learned JMFC has acquitted the respondents from commission of offence under Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/3/2023 11:19:12 AM

Sections 294, 323, 323/34 and 190 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