The State Of Madhya Pradesh vs Sanjay Jain
2023 Latest Caselaw 9310 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                      HON'BLE SHRI JUSTICE ROHIT ARYA
                                                      &
                                 HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                               ON THE 21 st OF JUNE, 2023
                                           CRIMINAL APPEAL No. 7263 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          THANA CITY KOTWALI, DISTRICT BHIND (MADHYA
                          PRADESH)

                                                                                     .....APPELLANT
                          (BY SHRI A.K. NIRANKARI-PUBLIC PROSECUTOR )

                          AND
                          1.    SANJAY JAIN S/O MUNNALAL, AGED ABOUT 35
                                YEARS, PARED CHAURAHA BHIND HAL NIWASI
                                KALI MATA MANDIR KE SAMNE ETAWA ROADD
                                (MADHYA PRADESH)

                          2.    NEETU W/O SANJAY JAIN, AGED ABOUT 31 YEARS,
                                PARED CHAURAHA BHIND HAL NIWASI KALI
                                MATA MANDIR KE SAMNE ETAWA ROAD M.P.
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS


                                Th is appeal coming on for admission this day, JUSTICE ROHIT
                          ARYA passed the following:
                                                           ORDER

Heard on I.A. No.10059 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State seeking leave to appeal against the judgment of acquittal dated 01/03/2023 passed by Sessions Judge, Bhind (M.P.) in ST No.92/2022, whereby the respondent has been acquitted of the Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 6/22/2023 3:15:01 PM

charges levelled against him under Sections 436 of IPC.

We have heard learned Public Prosecutor appearing on behalf of State. We have also perused the impugned judgment.

In the light of the findings of the Trial Court which are based on critical evaluation of the evidence on record, conclusion of acquittal drawn particularly in view of paras 21, 45, 46, 48, 50 & 53 of the impugned judgment, is found to be impregnable as neither there is any illegality nor irregularity in the findings so recorded.

Accordingly, I.A. No.10059 of 2023 is rejected. Consequently, present appeal stands dismissed.

                            (ROHIT ARYA)                                       (SANJEEV S KALGAONKAR)
                               JUDGE                                                     JUDGE
                          (Dubey)




Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 6/22/2023
3:15:01 PM