The State Of Madhya Pradesh vs Gheesalal
2023 Latest Caselaw 768 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                               ON THE 12 th OF JANUARY, 2023
                                          MISC. CRIMINAL CASE No. 49286 of 2021

                           BETWEEN:-
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THRU. PS. JEERAN DISTT. NEEMUCH
                           (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI N.S. BHATI, G.A.)

                           AND
                           GHEESALAL S/O CHUNNILAL, AGED ABOUT 60 YEARS,
                           OCCUPATION: LABOURER GRAM HARNAVADA PS.
                           JEERAN DISTT. NEEMUCH (MADHYA PRADESH)

                                                                                       .....RESPONDENTS


                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

Heard on the question of admission.

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 22/07/2021 passed by Special Judge (POCSO Act), Neemuch in Special (POCSO) Case No.14/2020, whereby the learned trial Court acquitted the respondents/non- applicant for the offence punishable under Sections 354, 354(d) of the IPC and Section 7/8 of Protection of Children from Sexual Offences Act, 2012.

On perusal of the record including the statement of the victim, the case

Signature Not Verified appears to be arguable.

Signed by: KHEMRAJ JOSHI Signing time: 12-01-2023 18:18:09

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

Office is directed to register it as criminal appeal separately. Appeal filed as a consequence of this order be registered and proceed as per rules.

On payment of requisite process fee, Office is directed to issue bailable warrant of Rs.25,000/- against the non-applicant. He is also directed to furnish a bail bond in the sum of Rs.25,000/- with one solvent surety in the like amount to the satisfaction of the CJM/trial Court for his appearance before the

Registry/Office of this Court on 13/03/2022 and on all other subsequent dates as may be fixed by the office in this behalf.

With the aforesaid, M.Cr.C.No.49286/2021 is allowed.

(SUBODH ABHYANKAR) JUDGE krjoshi

Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 12-01-2023 18:18:09