Kamlesh Pokharna vs State Of Rajasthan (2024:Rj-Jd:37477)
2024 Latest Caselaw 7909 Raj

Rajasthan High Court - Jodhpur

Kamlesh Pokharna vs State Of Rajasthan (2024:Rj-Jd:37477) on 10 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:37477]                   (1 of 2)                     [CRLAS-2325/2023]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2325/2023

Kamlesh Pokharna S/o Shyam Sundar Pokharan, Aged About 46
Years, R/o C/o Shivali Restauratn, Chetak Circle, Dist. Udaipur
(Raj.)
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Praveen Bansal S/o Pran Lal Bansal, R/o 14, Sarang Marg,
         Hotel Vatika In, R.m.v. School Road, Udaipur.
                                                                 ----Respondents


For Appellant(s)          :     Mr. Radhe Shaym Mankad
For Respondent(s)         :     Mr. Urja Ram Kalbi, PP
                                Mr. Naresh Singh



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

10/09/2024

1. Learned counsel for the appellant submits that this is victim's

appeal against judgment of acquittal.

2. This matter arises out of judgment dated 13.07.2023 passed

in Case No.139/2014.

3. The victim has approached this Court under Section 378(4)

CrPC for leave to file an appeal against judgment of acquittal. The

victim has substantive right to file appeal against acquittal as per

proviso to Section 372 CrPC, which was considered by a three

judges Bench of the Hon'ble Supreme Court in Mallikarjun

Kodagali Vs. State of Karnataka & Ors. reported in (2019) 2

SCC 752 and in other subsequent judgments.

[2024:RJ-JD:37477] (2 of 2) [CRLAS-2325/2023]

4. Though leave has already been granted by a coordinate

Bench of this Court, however, the parties would loose a forum in

the event of any order passed by the regular appellate forum for

or against. Therefore, this appeal is permitted to be withdrawn

with liberty to file appeal before the District Judge concerned.

5. In the circumstance, prayer for withdrawal is allowed.

6. Accordingly, this criminal appeal stands disposed of as

withdrawn.

7. If the appeal is filed within 30 days from today, the appellate

court shall consider that the appellant was bonafidely prosecuting

the matter before this Court; while considering the prayer for

delay.

8. Lower court record be sent back.

(BIRENDRA KUMAR),J 32-nitin/-

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