Prosecutrix vs Kamlesh S/O Shri Prabhu Dayal
2021 Latest Caselaw 1115 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Leave To Appeal No. 51/2020

Prosecutrix
                                                                   ----Appellant
                                    Versus
Kamlesh S/o Shri Prabhu Dayal
                                                                 ----Respondent

For Appellant(s) : Ms. Anupam Sharma, Adv. For Respondent(s) : Mr. Pankaj Agarwal, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

02/02/2021

S. B. Criminal Misc. Application No.198/2020:-

Heard.

Application is allowed for the reasons stated therein.

Delay in filing the leave to appeal is condoned.

S.B. Criminal Leave To Appeal No. 51/2020:-

1. Registry has pointed out a defect that in view of the order

passed by the Division Bench of this Court in Criminal Leave to

Appeal No.61/2017 (Ramvati vs. State & Ors.) decided on

03.03.2017, S.B. Criminal Leave to Appeal has to be preferred

against the acquittal.

2. The Apex Court in "Mallikarjun Kodagali vs. State of

Karnataka in Criminal Appeal No.1281-82/2018" decided on

12.10.2018 has held that the victim as defined in Section 2(w)(a)

of Cr.P.C. would be entitled to file appeal before the Court to which

appeal ordinarily lies against the order of conviction and the victim

is not required to seek Leave to Appeal.

(2 of 2) [CRLLA-51/2020]

3. In view of the Judgment in Mallikarjun Kodagali vs. State

of Karnataka (Supra), Office is directed not to point out a defect

when the victim prefers an appeal against an order of acquittal of

the accused.

4. Objection pointed out by the Registry is overruled.

5. Application(I. A. No.1 dated 25.01.2021) stands disposed

of.

(NARENDRA SINGH DHADDHA),J

Gourav/50

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