Lalta @ Lalita vs State And Ors (2023/Rjjd/013445)
2023 Latest Caselaw 4087 Raj

[2023/RJJD/013445]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 512/2017

Lalta @ Lalita D/o Hanumana Ram W/o Suresh Kumar, By Caste Jat, Resident Of Chagoi, Tehsil Taranagar District Churu.

----Appellant Versus

1. The State Of Rajasthan

2. Suresh Kumar S/o Bhaga Ram, By Caste Jat

3. Smt. Santro Devi W/o Bhaga Ram, By Caste Jat, Respondent No. 2 And 3 Resident Of Changoi, P.S. Taranagar Tehsil Taranagar District Churu.

----Respondents

For Appellant(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/05/2023

1. The instant criminal leave to appeal has been filed against

the judgment dated 12.09.2017 passed by the learned

Judicial Magistrate, Rajgarh, District Churu whereby the

accused-respondents were acquitted.

2. By virtue of insertion of proviso to Section 372 Cr.P.C. an

absolute right has been given to the complainant/victim to

move an appeal against the judgment of acquittal. Since the

judgment of acquittal is passed by the Judicial Magistrate,

Rajgarh, therefore, the appeal would lie before the Sessions

Judge.

3. In this view of the matter, the instant criminal leave to

appeal is dismissed. However, the petitioner is given liberty

[2023/RJJD/013445] (2 of 2) [CRLLA-512/2017]

to prefer an appeal against the judgment dated 12.09.2017

before the Sessions Judge, Churu within a period of 30 days

from today. If the petitioner prefer an appeal within the

period aforesaid, the learned Sessions Judge, Churu shall

take a lenient and sympathetic approach since the delay has

been occasioned owing to approach before a wrong forum.

(FARJAND ALI),J 37-Ashutosh/-

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