M/S Mukesh Kumar Arun Kumar vs State Of Rajasthan (2024:Rj-Jd:37349)
2024 Latest Caselaw 7854 Raj

Rajasthan High Court - Jodhpur

M/S Mukesh Kumar Arun Kumar vs State Of Rajasthan (2024:Rj-Jd:37349) on 9 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:37349]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Crml Leave To Appeal No. 247/2024

M/s Mukesh Kumar Arun Kumar, Through Proprietor Mukesh
Kumar S/o Diwan Chand Age About 62 Years R/o Dhaan Mandi
Dabli Rathan Tehsil And Dist. Hanumangarh
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Jagdev Singh @ Jagga Singh S/o Bakshish Singh, R/o
         Ward No. 5, Kamana Tehsil And Dist. Hanumangarh
                                                                 ----Respondents


For Appellant(s)          :     Mr. Rishabh Handa
For Respondent(s)         :     Mr. Prem Singh Panwar, PP



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

09/09/2024

1. By order dated 09.04.2024 passed in Criminal Appeal

No.24/2024, learned Sessions Judge, Hanumangarh refused to

entertain the appeal against acquittal on the ground that against

the judgment of acquittal, only leave to appeal before the High

Court would be maintainable.

2. In Malikarjun Kodagali Vs. State of Karnataka & Ors.

reported in (2019) 2 SCC 752, the Hon'ble Supreme court

examined the provisions of Section 372 CrPC and held that the

victim has right to appeal against the judgment of acquittal in

view of proviso to Section 372 CrPC. This right is substantive

right. The Proviso to Section 372 CrPC is also very clear that the

victim has right to appeal against any judgment of acquittal.

Hence, the aforesaid order dated 09.04.2024 passed by the

[2024:RJ-JD:37349] (2 of 2) [CRLLA-247/2024]

appellate court is set aside and the matter is remitted back with a

direction to register regular criminal appeal and pass order after

hearing the parties.

3. Accordingly, this criminal leave to appeal stands disposed of.

(BIRENDRA KUMAR),J 59-nitin/-

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