Madhya Pradesh High Court

Anirudhh Tiwari vs The State Of Madhya Pradesh on 9 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 5508 of 2024
                                       (ANIRUDHH TIWARI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 09-05-2024
                                 Shri Vinod Kumar Dubey - Advocate for appellant.

                                 Shri Y.D. Yadav - Government Advocate for respondent No.1/State.

Registry has raised an objection that appeal is not maintainable for enhancement of sentence.

2. In Section 372 of Code of Criminal Procedure, it is laid down that no

appeal shall lie against any judgment or order of a Criminal Court except provided by this Code or by any other law for time being in force. Section 372 provides that appeal will lie only against an order of acquittal or of conviction for a lessor offence or for imposing inadequate compensation. Words inadequate sentence has intentionally been left out by the Legislature, which cannot be supplied for this Court.

3. In view of same, appeal is not maintainable. Appellant is at liberty to file an appropriate application for converting this appeal into criminal revision.

4. List the matter after a week.

(VISHAL DHAGAT) JUDGE

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