Jitndra vs State
2023 Latest Caselaw 6450 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Crml Leave To Appeal No. 21/2020 Jitndra

----Appellant Versus State

----Respondent Connected With S.B. Criminal Appeal (SB) No. 1701/2023 Jitendra

----Appellant Versus State Of Rajasthan

----Respondent

For Appellant(s) : Mr. Durgesh Khatri For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI Order 28/08/2023

1. An application has been preferred on behalf of the applicant

seeking conversion of the instant criminal leave to appeal

under Section 378 (4) of Cr.P.C. as a Criminal Appeal under

the proviso to Section 372 of Cr.P.C.

2. By virtue of insertion of the proviso to Section 372 of the

Cr.P.C., an absolute right has been conferred upon the victim

to prefer an appeal against the judgment of acquittal. Thus,

the application deserves to be allowed.

3. Accordingly, the instant leave to appeal application is

allowed. The memo of leave to appeal application shall be

treated and registered as an appeal and be listed along with

S.B. Criminal Appeal No.1701/2023.

4. The application No.2/2023 also stands disposed of.

5. Office to proceed.

(FARJAND ALI),J 85-86-Ashutosh/-

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