Roshanlal vs Narendra Garg
2024 Latest Caselaw 7982 Raj

Rajasthan High Court - Jodhpur

Roshanlal vs Narendra Garg on 11 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             S.B. Criminal Appeal (Sb) No. 1075/2023

Roshanlal S/o Late Shri Jankilal, Aged About 43 Years, R/o Post
Kunwaliya, P.s. And Tehsil Gangrar, Distt. Chittorgarh (Raj.)
                                                                  ----Appellant
                                   Versus
Narendra Garg S/o Radheshyam Garg, R/o Shitala Mata Ka
Chowk, Near Water Tank, Inside Railway Gate, Chanderiya, P.s.
Chanderiya, Tehsil And Distt. Chittorgarh (Raj.)
                                                                ----Respondent


For Appellant(s)         :     Mr. Anuj Sahlot
                               Mr. Digvijay Singh Chouhan
For Respondent(s)        :     Mr. Bharat Shrimali



          HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

11/09/2024

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 25.04.2019 passed

in Regular Criminal Case No.2018/2018.

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.

4. Though leave has already been granted by a Coordinate

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

(2 of 2) [CRLAS-1075/2023]

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 Therefore, this appeal is permitted to be withdrawn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withdrawn.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

condonation of delay.

8. Lower court record be sent back.

(BIRENDRA KUMAR),J 45-deep/-

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