Paramjeet Kaur vs State Of Rajasthan ...
2023 Latest Caselaw 4618 Raj

[2023/RJJD/015277]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 356/2018

Paramjeet Kaur W/o Sukhdev Singh D/o Sh. Balveer Singh, Aged About 43 Years, B/c Majbi Sikh, Village Koni , Tehsil And Distt. Sri Ganganagar

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Smt Seema W/o Sukhdev Singh D/o Nayab Singh, B/c Majbi Sikh, Mohanpudra, At Present Ward No 3, Amar Colony, New Mandi Gharsana Distt. Sri Ganganagar.

                                                                  ----Respondents


For Appellant(s)          :     Mr. Nes Gupta
For Respondent(s)         :     Mr. A.R. Choudhary, PP
                                Mr. D.S. Gharsana



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

15/05/2023

1. At the outset, leaned counsel for the petitioner seeks

withdrawal of the criminal leave to appeal with liberty to

prefer an appeal against the judgment of acquittal dated

21.07.2018 before the learned Sessions Judge,

Sriganganagar. However, prayed that necessary direction

may be passed with regard to the point of limitation.

2. Accordingly, the instant application seeking leave to appeal

is dismissed as withdrawn.

3. In the peculiar facts and circumstances of the case, it is

deemed appropriate to direct the petitioner that if he wishes,

he may challenge the judgment of acquittal by way of filing

an appeal before the learned Sessions Judge, Sriganganagar

[2023/RJJD/015277] (2 of 2) [CRLLA-356/2018]

within a period of 60 days from today along with an

application under Section 5 of the Limitation Act for

condonation of delay.

4. In the event, the appeal is filed within stipulated period, the

learned Sessions Judge shall consider the application for

condonation of delay with a lenient view while considering

the fact that owing to misconception of law, they have

approached a wrong forum.

5. The record be sent back immediately.

(FARJAND ALI),J

157-Ashutosh/-

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