Deepak Meena S/O Madan Lal Meena vs State Of Rajasthan
2021 Latest Caselaw 3827 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 905/2020
Deepak Meena S/o Madan Lal Meena, R/o C-104, Lajpat Nagar,
Borkheda, Kota.
                                                   ----Petitioner/Complainant
                                    Versus
1.    State Of Rajasthan, Through Pp.
                                                                   Respondent

2. Rahul Meena S/o Shri Laxminarayan Meena, R/o J-33, Jawahar Nagar, Ps Jawahar Nagar, Kota. (Presently Lodged In Central Jail, Kota).

                                                    ----Respondents/Accused


For Petitioner(s)         :     Mr. Sudhir Jain
For Respondent(s)         :     Mr. Yashvant Kankhadiya, PP



           HON'BLE MR. JUSTICE PANKAJ BHANDARI

                          Judgment / Order

17/08/2021

1. Complainant-petitioner has preferred this criminal misc.

petition under Section 482 Cr.P.C. aggrieved by judgment dated

14.10.2019 passed by Additional District and Sessions Judge

NO.4, Kota in Criminal Appeal No.399/2019 by which criminal

appeal for enhancement of sentence against the sentence

awarded by the impugned judgment was dismissed.

2. It is contended by counsel for the complainant-petitioner that

sentence imposed by the Court below needs to be enhanced as it

is established that the accused-respondent committed the offence.

3. I have considered the contentions.

4. As per the Section 372 of Cr.P.C, no appeal shall lie from any

judgment or order of a Criminal Court except as provided for by

this Code or any other law for the time being in force. Section 372

(2 of 2) [CRLMP-905/2020]

Cr.P.C. also provide that the victim shall prefer an appeal against

any order passed by the Court acquitting the accused or

convicting for a lesser offence or imposing inadequate

compensation and such appeal shall lie to the Court to which an

appeal ordinarily lies against the order of conviction of such Court.

5. From bare perusal of Section 372 Cr.P.C., it is evident that an

appeal does not lie against the imposition of less sentence, this

Court does not deem it proper to entertain the misc. petition.

6. Accordingly, Criminal Misc. Petition stands dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /33

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