Ram Lal vs State Of Rajasthan ...
2023 Latest Caselaw 7349 Raj

[2023:RJ-JD:30352]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 72/2019

Ram Lal S/o Hira Ram Bishnoi, Aged About 45 Years, Village Janvi, Chitalwana Ps, Dist Jalore

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Dilip Kumar @ Dalla Ram S/o Jodha Ram Kalbi Choudhary, Kesuri, Sarwana Ps, Dist Jalore

----Respondents

For Appellant(s) : Mr. B.R. Bishnoi For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/09/2023

1. Learned counsel for the appellant seeks adjournment to do

the needful.

2. The prayer made by the learned counsel for the appellant is

declined.

3. The instant criminal leave to appeal has been preferred

against acquittal passed by learned Additional Sessions Judge

after full-fledged trial. The case was instituted upon a police

report. Though, after insertion of proviso to Section 372 of the

Cr.P.C., an absolute right has been conferred upon the

complainant/victim to prefer an appeal against judgment of the

acquittal. But no such appeal has been preferred.

4. The leave petition is barred by limitation as it was filed

belatedly, no application for condonation of delay has been filed.

[2023:RJ-JD:30352] (2 of 2) [CRLLA-72/2019]

5. The leave petition is pending before this Court since last four

years and on several occasions time has been granted for filing

the application under Section 5 of the Limitation Act. There is no

provision under the Cr.P.C. or under any other prevailing law so as

to enable this Court to grant further time to the petitioner for the

purpose of filing an application under Section 5 of the Limitation

Act. There is no force in the leave petition.

5. Accordingly, the instant criminal leave to appeal is dismissed.

However, the petitioner would be at liberty to prefer an appeal

under the proviso to Section 372 of Cr.P.C., if he desires to do so.

(FARJAND ALI),J 233-Samvedana/-

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