Kal Kanwar vs State (2023/Rjjd/017758)
2023 Latest Caselaw 5434 Raj

[2023/RJJD/017758]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 407/2019

Kal Kanwar W/o Shri Hari Singh, Aged About 66 Years, B/c Rajput, R/o Khabdiyana, Tehsil Jayal, District Nagaur (Raj.).

----Appellant Versus

1. State, Through P.p.

2. Bhagirath Singh S/o Shri Sawai Singh, B/c Rajput, R/o Khabdiyana, P.s. Surpaliya, Tehsil Jayal, District Nagaur (Raj.).

----Respondents

For Appellant(s) : Mr. Ranjeet Joshi Mr. Kapil Bissa For Respondent(s) : Mr. Gaurav Singh, AGA Mr. Harshwardhan Singh Rathore

HON'BLE MR. JUSTICE FARJAND ALI

Order

26/05/2023

1. In view of the provisions contained under Section 33 of

Cr.P.C., learned counsel seeks withdrawal of the instant application

seeking criminal leave to appeal with the liberty to move appeal

before the Sessions Judge as provided under the Gram Nyayalya

Adhiniyam.

2. Accordingly, this application seeking criminal leave to appeal

is dismissed. The liberty is given to the petitioner that he may

prefer an appeal against the judgment of acquittal before the

Sessions Judge concerned. If the appeal will be filed within next

60 days along with the application under Section 5 of the

Limitation Act, the learned Sessions Judge shall consider the same

[2023/RJJD/017758] (2 of 2) [CRLLA-407/2019]

sympathetically because due to inadvertence wrong forum had

been approached.

3. Record be sent forthwith.

(FARJAND ALI),J 45-AnilKC/-

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