SPLA/286/2023
2023 Latest Caselaw 3335 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                     COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
             with Signatures
                                 SPLA No.286 of 2023
                                 With
                                 CRLA No. 774 of 2023
                                 Hon'ble Pankaj Purohit, J.

Mr. Niranjan Bhatt, learned counsel for the petitioner.

2. Mr. K.S. Rawal, learned A.G.A with Mrs. Mamta Joshi, learned Brief Holder for the State.

3. The special leave to appeal along with criminal appeal has been filed against judgment and order dated 04.09.2023, passed by learned Judicial Magistrate, Uttarkashi in Criminal Case No.21 of 2022, State Vs. Hridyanand, whereby the respondent-accused was acquitted of the charges under Sections 323 and 504 of IPC.

4. This is a special leave to appeal/criminal appeal at the behest of the informant in a case instituted upon a police report and for that reason the special leave to appeal and criminal appeal cannot be filed under provisions of Section 378 (4) of Cr.P.C. Section 378 (4) of Cr.P.C. provides for the filing of a special leave to appeal from an order of acquittal only in case instituted upon complaint by inserting proviso to Section 372 right to prefer an appeal has been created to the victim to prefer an appeal against the order or acquittal of the accused or against convicting an accused for a lesser offence or of imposition inadequate compensation. Such an appeal would lie to

the Court to which an appeal ordinarily lies against the order of conviction of such court.

5. In the case in hand the order of acquittal is recorded by Judicial Magistrate, Uttarkashi. In that event the appeal against acquittal would lie to the court of Sessions Judge, Uttarkashi to which the appeal against conviction recorded by the learned Judicial Magistrate is ordinarily preferred.

6. In this view of the matter SPLA/CRLA is misconceived and is not maintainable before this Court and the petitioner is permitted to withdraw the SPLA/CRLA enabling him to take legal recourse available under law.

7. Accordingly the SPLA/CRLA is dismissed as withdrawn.

(Pankaj Purohit, J.) 03.11.2023 SK