M/S MUKESH KUMAR ARUN KUMAR v. STATE OF RAJASTHAN

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

2. Jagdev Singh @ Jagga Singh S/o Bakshish Singh, R/o Ward No. 5, Kamana Tehsil And Dist. Hanumangarh ----Respondents

For Appellant(s) : Mr. Rishabh Handa

For Respondent(s) : Mr. Prem Singh Panwar, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

09/09/2024

1. By order dated 09.04.2024 passed in Criminal Appeal No.24/2024, learned Sessions Judge, Hanumangarh refused to entertain the appeal against acquittal on the ground that against the judgment of acquittal, only leave to appeal before the High Court would be maintainable.

2. In Malikarjun Kodagali Vs. State of Karnataka & Ors. reported in (2019) 2 SCC 752, the Hon'ble Supreme court examined the provisions of Section 372 CrPC and held that the victim has right to appeal against the judgment of acquittal in view of proviso to Section 372 CrPC. This right is substantive right. The Proviso to Section 372 CrPC is also very clear that the victim has right to appeal against any judgment of acquittal. Hence, the aforesaid order dated 09.04.2024 passed by the

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[CRLLA-247/2024] appellate court is set aside and the matter is remitted back with a direction to register regular criminal appeal and pass order after hearing the parties.

3. Accordingly, this criminal leave to appeal stands disposed of.

(BIRENDRA KUMAR),J

59-nitin/-

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