CRLA/716/2023
2023 Latest Caselaw 3135 UK

                      Office Notes,
                   reports, orders or
SL.                  proceedings or
         Date                                        COURT'S OR JUDGES'S ORDERS
No                   directions and
                    Registrar's order
                    with Signatures
      13.10.2023                        SPLA No. 261 of 2023
                                        with
                                        CRLA No. 716 of 2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. Ajeet Kumar Yadav, Advocate, for the appellant.

Mr. B.C. Joshi, AGA, for the State.

This Criminal Appeal has been preferred by the appellant being aggrieved as against the judgment dated 10.08.2023, as it has been rendered by the Court of Judicial Magistrate, Khatima, District Udham Singh Nagar, in Criminal Case No. 2491 of 2018, Milan Viswas Vs. Naresh Bhatt. The Appeal has been preferred by invoking the provisions contained under Section 372 of CrPC.

In fact, no Appeal would lie under Section 372 of CrPC, rather the appropriate recourse available to the appellant would be, to file an Appeal with an Application for Leave to Appeal, by invoking the provisions contained under Section 378(4) of CrPC.

Accordingly, the Criminal Appeal would stand dismissed, holding as not maintainable under Section 372 of CrPC. But the dismissal of the Appeal would not preclude the rights of the appellant to prefer an Appeal under Section 378(4) of CrPC.

Accordingly, the Registry of this Court is directed to return the certified copy of the judgment to the learned counsel for the appellant after substituting the same with the xerox copy, in order to enable him to prefer an Appeal under Section 378(4) of CrPC.

(Sharad Kumar Sharma, J.) 13.10.2023 Mahinder/