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Rajasthan High Court - Jodhpur
Krishi Upaj Mandi Samiti (Anaj) vs M/S Mahalaxmi Sales And Pulses And Rice ... on 5 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:27]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 232/2025
Krishi Upaj Mandi Samiti (Anaj), Through Secretary Krishi Upaj
Mandi Samiti Anaj Udaipur Rajasthan
----Appellant
Versus
1. M/s Mahalaxmi Sales And Pulses And Rice Mill, Sng
Market Rashtriy Marg Number 8 Banjariya Kreshar Road
Opposite Surabhi Palace Kherwara District Udaipur
Rajasthan Through Proprietor Shri Prakash Chandra Kalal
So Shri Mool Chand Kalal S/o Sh. Mool Chand Kalal
2. Prakash Chandra Kalal S/o Mool Chand Kalal, Raniroad
Kherwara Tehsil Kherwara District Udaipur Rajasthan
3. M/s Mahalaxmi Sales And Pulses And Rice Mill, Sng
Market Rashtriy Marg Number 8 Banjariya Kreshar Road
Opposite Surabhi Palace Kherwara District Udaipur
Rajasthan Through Proprietor Shri Prakash Chandra Kalal
S/o Shri Mool Chand Kalal
4. State Of Rajasthan, Through Public Prosecutor
----Respondents
For Appellant(s) : None Present
For Respondent(s) : Mr. Shri Ram Chaudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2026
1. The present application seeking leave to appeal has been
placed before this Court for consideration.
2. It transpires from the record that in a prosecution launched
against the respondent-accused, the learned trial Court, upon
conclusion of a full-fledged trial, recorded an order of acquittal in
their favour.
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[2026:RJ-JD:27] (2 of 3) [CRLLA-232/2025]
3. At the outset, it is apposite to reiterate the settled position of
law that the grant of leave to appeal is a condition precedent to
the admission of an appeal against acquittal. Such leave is not a
matter of right but rests within the discretionary jurisdiction of the
appellate Court. The object of seeking leave is to obtain the
Court's permission to assail the impugned judgment before the
appeal is formally entertained.
4. At the stage of consideration of leave, the Court is not
expected to embark upon a meticulous or roving enquiry into the
merits of the case. The scope of scrutiny remains limited to
ascertaining whether the proposed appeal discloses arguable
issues, raises substantial questions of law or fact, or otherwise
demonstrates sufficient cause warranting appellate interference.
5. If the Court is satisfied that the challenge is neither frivolous
nor vexatious and that the issues raised deserve consideration,
leave to appeal may justifiably be granted. Upon grant of such
leave, the appeal stands admitted and becomes amenable to
adjudication on merits in accordance with law.
6. Upon perusal of the impugned judgment and the material
placed on record, this Court is of the considered view that
reasonable grounds exist to permit the appellant to prefer an
appeal against the acquittal of the respondent-accused in respect
of offences under the provisions of the Agriculture Produce Market
Act, 1961.
7. Accordingly, the application seeking leave to appeal is
allowed. The memo of leave to appeal shall be treated as an
appeal and be registered as such.
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[2026:RJ-JD:27] (3 of 3) [CRLLA-232/2025]
8. Opportunity of hearing shall be afforded to the respondent-
accused at the time of hearing on the question of admission of the
appeal.
9. Office is directed to proceed in accordance with law.
(FARJAND ALI),J
101-Mamta/-
(Uploaded on 06/01/2026 at 06:15:37 PM)
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