CRLA/452/2023
2023 Latest Caselaw 2008 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                         COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SPLA No. 176 of 2023
                                  With
                                  CRLA No. 452 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. K.S. Bohra, learned counsel for the appellant.

2. Mr. J.S. Virk, learned D.A.G. alongwith Mr. R.K. Joshi and Mr. Pankaj Joshi, learned Brief Holders for the State of Uttarakhand.

3. Appellant is husband of the deceased. He is challenging the judgment dated 06.06.2023 rendered by learned Special Sessions Judge, Rudrapur, Udham Singh Nagar in Special Sessions Trial No. 911 of 2018, whereby, the accused was acquitted.

4. Since, the appellant comes within the definition of victim as defined under Section 2wa of Cr.P.C., therefore, he has a right to appeal under proviso of Section 372 of Cr.P.C. Thus, appellant does not need any leave for filing this appeal.

5. Learned counsel for the appellant seeks permission to withdraw the application seeking leave to appeal. The same is dismissed as withdrawn.

6. Heard.

7. Admit.

8. Let Lower Court Record be summoned.

9. Issue notice.

10. List on 25.09.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 01.08.2023 R.Bisht/PN