Madan Singh Rathore vs State (2023/Rjjd/013545)
2023 Latest Caselaw 4076 Raj

[2023/RJJD/013545]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 25/2020

Madan Singh Rathore S/o Late Mool Singh Rathore, Aged About 48 Years, Advocate, By Caste Rajput, R/o Village Basni Saifa, P.S. Rajeev Gandhi Nagar, Tehsil And District Jodhpur (Raj.).

----Appellant Versus

1. State, Through P.P.

2. Arjun Singh S/o Man Singh, By Caste Rajput, R/o Basni Saifa, P.S. Rajeev Gandhi Nagar, Tehsil And District Jodhpur (Raj.).

3. Pappu Singh @ Kalu Singh S/o Arjun Singh, By Caste Rajput, R/o Basni Saifa, P.S. Rajeev Gandhi Nagar, Tehsil And District Jodhpur (Raj.).

4. Berisal Singh @ Vishal Singh S/o Rughnath Singh, By Caste Rajput, R/o Basni Saifa, P.S. Rajeev Gandhi Nagar, Tehsil And District Jodhpur (Raj.).

                                                                 ----Respondents


For Appellant(s)           :    Madan Singh
For Respondent(s)          :    Mr. Abhishek Purohit, AGA



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

04/05/2023

1. The instant leave to appeal has been preferred against the

judgment dated 31.07.2019 passed by Additional Sessions

Judge, Jodhpur in Criminal Appeal No.07/2019 whereby the

learned Judge has dismissed the appeal owing to the reason

that the appeal was filed belatedly and no application for

condonation of delay was attached with it. Another ground

has been mentioned by the learned appellate Court that it

was the approach of the learned trial Court that the appeal

[2023/RJJD/013545] (2 of 2) [CRLLA-25/2020]

under Section 378 of the Cr.P.C. has to be filed before the

High Court.

2. After insertion of proviso under Section 372 of the Cr.P.C.,

an absolute right has been given to the complainant to file

an appeal against the judgment of the acquittal. The

approach of the learned appellate Court is not in accordance

with law rather perfunctory and therefore, the petitioner has

a good case for acceptance of leave.

3. Accordingly, the instant application seeking leave to appeal

is allowed. The memo of leave to appeal application shall be

treated and registered as an appeal.

4. Office to proceed.

(FARJAND ALI),J 39-Ashutosh/-

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