SPLA/114/2022
2023 Latest Caselaw 689 UK

               Office Notes, reports,
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                                          SPLA No.114 of 2022
                                          With
                                          GA No.59 of 2022
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. Amit Bhatt, learned Deputy Advocate General for the State/ appellant. Mr. Pooran Singh Rawat, learned counsel for the respondent.

The State has preferred this application for leave to appeal under Section 378(3) of the Cr.P.C., thereby has sought a permission to put a challenge to the judgment of 05.03.2022 as it has been passed by the Court of learned Additional Sessions Judge, Ranikhet, Almoral in Criminal Appeal No.20 of 2019, Harish Rawat @ Moh. Airis Rawat Vs. State", whereby the respondent has been acquitted for the offences under Section 498-A of IPC and Section 3/4 of the Dowry Prohibition Act.

Apart from the fact, that dispute happens to be personal in nature and it is not a social offence, coupled with the fact that the objections which has been filed by the respondent, the respondent has placed on record the copy of judgment and decree dated 30.05.2015, which happens to be prior to the judgment of acquittal, to the effect that matrimony amongst respondent and his wife since has already been dissolved and declared to be void under Section 12 of the Act, in fact, after the judgment and decree, when the marriage has already been annulled, there is no cause, as such, to grant the leave to the Government Advocate to put a challenge to the judgment of acquittal for the aforesaid offence. Hence, the application for leave to appeal would stand rejected.

Consequently, the appeal too would stand dismissed.

(Sharad Kumar Sharma, J.) 18.03.2023 Sukhbant