Umesh Kumar Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 1886 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. 12373 of 2022

                           BETWEEN:-
                           UMESH    KUMAR     SHRIVASTAVA   S/O   LATE
                           RAGHUNANDAN PRASAD SHRIVASTAVA, AGED ABOUT
                           64 YEARS, OCCUPATION: BUSINESS R/O MADHAV
                           BAHWAN,   BHANDHAVGARH      COLONY,   SATNA
                           (MADHYA PRADESH)

                                                                                      .....APPELLANT
                           (BY SHRI R.D. SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE P.S. DISTRICT-SATNA (MADHYA PRADESH)

                           2.    BAM MAHADEODAS (RANJEET SINGH GURU
                                 SHISHYA SWAMI NEELKHANTH JI MAHARAJ
                                 AGED 68 YEARS, BUSINESS R/O NEELKHANTH
                                 (OAIELA) ASHRAM SATNA ROAD BESIDE OF
                                 VIVEKANAND      MAHAVIDHYALAY   MAIHAR,
                                 DISTRICT SATNA (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI A.N.GUPTA - GOVERNMENT ADVOCATE FOR RESPONDENT
                           NO.1.)

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

This appeal under Section 378(4) of Cr.P.C has been filed against the judgment dated 23.11.2022, passed in Criminal Appeal No.2/2021 [Umesh Kumar Shrivastava Vs. Bam Mahadev Das (Ranjeet Singh) Guru Shishya Swami Nilkand Ji Maharaj], whereby an appeal under Section 341 of Cr.P.C. Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 2/3/2023 10:46:05 AM

filed by the complainant/appellant has been dismissed.

Learned counsel for the appellant is heard. On a perusal of the order dated 01.02.2021, passed by the JMFC, Maihar, it is revealed that an application under Section 195(1)(b) and Section 340 of Cr.P.C was filed before the learned JMFC. Same was dismissed being baseless and mala-fide. Order passed by the learned JMFC was assailed before the Court of Sessions by preferring an appeal under Section 341 of Cr.P.C. The appeal was dismissed by the impugned order dated 23.11.2022. Against the order passed by the Court of Sessions, this appeal has been filed under Section 378(4) of Cr.P.C.

Under Section 378(4) of Cr.P.C, appeal can be filed only against an order of acquittal, passed in any case instituted upon the complaint and in such cases on an application made to High Court, High Court can grant special leave to appeal. Trial Court/appellate Court has not passed any order acquitting the accused person. It has dismissed application under Section 195(1)(b) and Section 340 of Cr.P.C. Therefore, appeal under 378(4) of Cr.P.C is not maintainable.

Hence, this appeal being not maintainable is dismissed.

(DINESH KUMAR PALIWAL) JUDGE Jasleen

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 2/3/2023 10:46:05 AM