Jalam Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5939 Raj

[2023:RJ-JD:25797]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 109/2021

Jalam Singh S/o Shri Bhur Singh, Aged About 43 Years, B/c Rajput, R/o Lakhani At Present Khetawat Market, Bhinmal, District Jalore.

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Jabra Ram S/o Kalaji, B/c Suthar, R/o Sutharo Ka Bas, Raniwara, Tehsil Raniwara, P.s. Raniwara, District Jalore.

                                                                 ----Respondents


For Appellant(s)           :    Mr. SK Saini
For Respondent(s)          :    Mr. Gaurav Singh, PP



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

16/08/2023

1. In view of insertion of Proviso of Section 372 of Cr.P.C., the

victim of the case has been conferred upon the right to appeal

against the judgment of acquittal.

2. The learned Counsel for the petitioner seeks withdrawal of

the instant criminal leave to appeal with liberty to file appeal

before proper forum.

3. Hence, the instant criminal leave to appeal is hereby

dismissed with liberty as prayed for.

4. Since, the judgmement of acquittal is passed by learned

Judicial Magistrate, Raniwada, District Jalore, therefore, the appeal

would lie before the learned Sessions Judge, Jalore.

5. Following the doctrine that no one should be left remediless,

it is deemed appropriate to give a liberty to the petitioner to

[2023:RJ-JD:25797] (2 of 2) [CRLLA-109/2021]

prefer an appeal against the judgment of acquittal dated

15.11.2019, if he desires to do so before the concerned learned

Sessions Judge; supporting with an application under Section 5 of

the Limitation Act, within next 30 days from the date of receipt of

this order. If appeal is preferred, the learned Sessions Judge shall

consider condonation of delay sympathetically owing to reason of

approaching the wrong forum.

(FARJAND ALI),J 101-raksha/-

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