Laxmikant Agarwal vs State (2023/Rjjd/014841)
2023 Latest Caselaw 4464 Raj

[2023/RJJD/014841]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 12/2021

Laxmikant Agarwal S/o Sh. Banarsi Lal Agarwal, Aged About 59 Years, B/c Agarwal, R/o Banswara, Tehsil And District Banswara.

----Appellant Versus

1. State, Through PP

2. Nathu S/o Hakariya, R/o Kuwaniya, Mahidem Police Station, Banswara, Dist. Banswara.

                                                                 ----Respondents


For Appellant(s)          :     Ms. Kiran
For Respondent(s)         :     Mr. Abhishek Purohit, AGA



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

11/05/2023

1. Since an absolute right has been conferred upon the

complainant of the case to prefer an appeal against the

judgment of acquittal under Section 372 of the Cr.P.C., there

seems no justification for entertaining the instant criminal

leave to appeal.

2. As per the legal provision, the appeal ought to have been

submitted before the Sessions Judge against the judgment of

acquittal passed by the Magistrate.

3. In this view of the matter, the instant application seeking

leave to appeal is disposed of with liberty to the petitioner to

challenge the judgment dated 09.11.2020 passed by learned

Additional Chief Judicial Magistrate, Banswara before the

Sessions Judge, Jodhpur District by filing an appeal. Since

the delay is occasioned owing to the approach of the

[2023/RJJD/014841] (2 of 2) [CRLLA-12/2021]

petitioner to a wrong forum, therefore, it is deemed

appropriate to direct that if the appeal is preferred within 60

days from today, the learned Sessions Judge shall consider

the same taking a lenient view for condonation of delay

occasioned in filing the appeal.

4. Accordingly, the leave to appeal is disposed of.

(FARJAND ALI),J

80-Ashutosh/-

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