Citation : 2023 Latest Caselaw 4118 Raj
Judgement Date : 4 May, 2023
[2023/RJJD/013624]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Crml Leave To Appeal No. 494/2019
Lichhman Ram S/o Kumbha Ram, Aged About 47 Years, By Caste Meghwal, R/o Village Kharesh, Khunkhuna Police Station, District Nagaur.
----Appellant Versus
1. State, Through P.p.
2. Girdhari Lal S/o Purna Ram, By Caste Mali, R/o Kharesh, Khunkhuna Police Station, District Nagaur.
3. Mukesh S/o Prema Ram, By Caste Jat, R/o Village Khojas, Khunkhuna Police Station, District Nagaur.
4. Manoj Kumar S/o Jagdish, By Caste Jat, R/o Village Khojas, Khunkhuna Police Station, District Nagaur.
5. Mukesh S/o Jhumar Ram, By Caste Jat, R/o Village Dasan Khurd, Khunkhuna Police Station, District Nagaur.
----Respondents
For Appellant(s) : Mr. Raj Singh Bhati For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/05/2023
1. Since the leave to appeal has been preferred against the
judgment dated 04.10.2019 passed by the learned trial court,
whereby the accused respondent was acquitted from the offence
under Section 447 and 354 of the IPC and from the penal
provisions of the SC/ST Act and by insertion of proviso to Section
372 of the CrPC, an absolute right has been conferred upon the
complainant to move an appeal, the application for treating the
present leave to appeal as an appeal under the proviso to Section
[2023/RJJD/013624] (2 of 2) [CRLLA-494/2019]
372 CrPC is allowed. The leave petition is disposed of. The memo
of leave to appeal shall be treated and registered as an appeal.
2. Office to proceed.
(FARJAND ALI),J 175-Pramod/-
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