Vishnu Kumar vs State And Anr (2023/Rjjd/015989)
2023 Latest Caselaw 4893 Raj

[2023/RJJD/015989]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 311/2018

Vishnu Kumar S/o Shri Ladulal, By Caste Vaishnav, R/o Kotadi Tehsil Kotadi Distt. Bhilwara Raj.

----Appellant Versus

1. State Of Rajasthan

2. Shambulal S/o Asharam Parashar, R/o Kotadi, P.s. Kotadi, Distt. Bhilwara Raj.

----Respondents

For Appellant(s) : Mr. Arun Dadhich For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE FARJAND ALI Order 18/05/2023

1. After insertion of the proviso to Section 372 of the CrPC, a

right has been conferred upon the victim of a case to prefer an

appeal against the judgment of acquittal. If the appellant feels

himself to be victim of the case, he may prefer an appeal under

the aforesaid proviso. As per the provisions, the appeal would lie

before the Sessions Court since the judgment of acquittal is

passed by a Judicial Magistrate. The petitioner would be at liberty

to challenge the same by filing appropriate appeal before the

Sessions Court within a period of 60 days from today. If the

appeal is filed as aforesaid alongwith an application under Section

5 of the Limitation Act, the learned Sessions Judge shall consider

the same sympathetically for the reason that a wrong forum had

been approached.

2. The appeal is dismissed. The record be sent back forthwith.

(FARJAND ALI),J 130-Pramod/-

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