Hygreev Singh vs Harshvardhan Singh ...
2023 Latest Caselaw 4480 Raj

[2023/RJJD/014768]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 27/2020

Hygreev Singh S/o Late Mahendra Singh, Aged About 53 Years, By Caste Rajput, Occupation Agriculture, R/o Osia, Teh. And Dist. Jodhpur. At Present Basni Baghela, Jodhpur.

----Appellant Versus

1. Harshvardhan Singh S/o Late Kishan Singh, By Caste Rajput, R/o Pachala, At Present 12, Residency Road, P.s. Ratanada, Jodhpur.

2. Kan Singh S/o Shanker Singh, By Caste Rajput, R/o Osian, P.s. Osia, Dist. Jodhpur.

3. Devi Singh S/o Arjun Singh, By Caste Rajput, R/o Pachala Khurd, Teh. Tinwari, Dist. Jodhpur. At Present 635, Shiv Colony, Bekside Of Hudko Qut., Chandna Bhakar, Jodhpur.

4. Raghunath Singh S/o Shankar Singh, By Caste Rajput, R/ o Osia, P.s. Osia, Dist. Jodhpur.

5. State Of Rajasthan, Through P.P.

----Respondents

For Appellant(s) : Mr. Hanvant Singh Balot For Respondent(s) : Mr. Abhishek Purohit, AGA Mr. Ravindra Pal Singh

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 19.10.2019 passed by Judicial

[2023/RJJD/014768] (2 of 2) [CRLLA-27/2020]

Magistrate, Osian before the Sessions Judge, Jodhpur District

by filing an appeal. Since the delay is occasioned owing to

the approach of the 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 77-Ashutosh/-

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