KAMLESH POKHARNA v. STATE OF RAJASTHAN

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal (Sb) No. 2325/2023 Kamlesh Pokharna S/o Shyam Sundar Pokharan, Aged About 46 Years, R/o C/o Shivali Restauratn, Chetak Circle, Dist. Udaipur (Raj.)

----Appellant

Versus

1. State Of Rajasthan, Through Pp

2. Praveen Bansal S/o Pran Lal Bansal, R/o 14, Sarang Marg, Hotel Vatika In, R.m.v. School Road, Udaipur. ----Respondents

For Appellant(s) : Mr. Radhe Shaym Mankad For Respondent(s) : Mr. Urja Ram Kalbi, PP Mr. Naresh Singh

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

10/09/2024

1. Learned counsel for the appellant submits that this is victim's appeal against judgment of acquittal.

2. This matter arises out of judgment dated 13.07.2023 passed in Case No.139/2014.

3. The victim has approached this Court under Section 378(4) CrPC for leave to file an appeal against judgment of acquittal. The victim has substantive right to file appeal against acquittal as per proviso to Section 372 CrPC, which was considered by a three judges Bench of the Hon'ble Supreme Court in Mallikarjun Kodagali Vs. State of Karnataka & Ors. reported in (2019) 2 SCC 752 and in other subsequent judgments.

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4. Though leave has already been granted by a coordinate Bench of this Court, however, the parties would loose a forum in the event of any order passed by the regular appellate forum for or against. Therefore, this appeal is permitted to be withdrawn with liberty to file appeal before the District Judge concerned.

5. In the circumstance, prayer for withdrawal is allowed.

6. Accordingly, this criminal appeal stands disposed of as withdrawn.

7. If the appeal is filed within 30 days from today, the appellate court shall consider that the appellant was bonafidely prosecuting the matter before this Court; while considering the prayer for delay.

8. Lower court record be sent back.

(BIRENDRA KUMAR),J

32-nitin/-

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