Roopa Ram Meghwal vs Kamlesh Vyas (2023/Rjjd/014149)
2023 Latest Caselaw 4311 Raj

[2023/RJJD/014149]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 290/2019 Roopa Ram Meghwal S/o Shri Hindu Ramji Meghwal, Aged About 37 Years, R/o Village Sanwara, Police Station Andara, Tehsil Reodar District Sirohi.

----Appellant Versus Kamlesh Vyas S/o Shri Heeralal, By Caste Brahmin, R/o Sanwada, Police Station Anadara, Tehsil Revdar, District Sirohi.

----Respondent

For Appellant(s) : Mr. Manish Rajpurohit For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

Mr. Hitendra Singh

HON'BLE MR. JUSTICE FARJAND ALI Order 09/05/2023

1. An application has been moved by the petitioner seeking

conversion of the application of instant leave to appeal into an

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

2. Since after insertion of proviso to Section 372 Cr.P.C., an

absolute right has been averred upon the victim/complainant

against the judgment of acquittal. There seems reasonable

grounds to allow the petitioner to prefer an appeal against the

impugned judgment.

2. Accordingly, the instant application seeking conversion of the

application of instant leave to appeal into an appeal under the

proviso to Section 372 of Cr.P.C. is allowed. The memo of leave to

appeal application shall be treated and registered as an appeal.

3. Office to proceed.

(FARJAND ALI),J 42-AnilKC/-

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