CRA-2266-2015 (ARUNENDRA SINGH Vs JAMUNA PRASAD MISHRA) 14-01-2016 None appears for the appellant even in the second round.
Shri Amit Pandey, learned Panel lawyer for the State.
Record of the court below has been received.
A perusal of the record reveals that no one had appeared to prosecute this criminal appeal against acquittal under the proviso to section 372 of the Cr.P.C. since its filing. Thus, no one had appeared on behalf of the appellant on 07.09.2015,19.10.2015 and 16.12.2015 either.
This criminal appeal against acquittal under the proviso to section 372 of the Cr.P.C. has been filed directly in the court.
In view of the judgment rendered by the Apex Court in the case of Satyapal Singh Vs. State of MP and others (Criminal Appeal No.
1315/2015) dated 06.10.2015, an appeal directly under the proviso to section 372 Cr..P.C. is not maintainable.
The appellant is required to first seek leave of this court to file an appeal against acquittal by filing an application under sub section (3) of Section 378 read with section 372 of the Cr.P.C..
The same having been not done, this criminal appeal against acquittal filed by the victim is not maintainable. Consequently, it is dismissed as not being maintainable.
(C V SIRPURKAR) JUDGE