ROSHANLAL v. NARENDRA GARG

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal (Sb) No. 1075/2023 Roshanlal S/o Late Shri Jankilal, Aged About 43 Years, R/o Post Kunwaliya, P.s. And Tehsil Gangrar, Distt. Chittorgarh (Raj.) ----Appellant

Versus

Narendra Garg S/o Radheshyam Garg, R/o Shitala Mata Ka Chowk, Near Water Tank, Inside Railway Gate, Chanderiya, P.s. Chanderiya, Tehsil And Distt. Chittorgarh (Raj.) ----Respondent

For Appellant(s) : Mr. Anuj Sahlot

Mr. Digvijay Singh Chouhan

For Respondent(s) : Mr. Bharat Shrimali

HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

11/09/2024

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 25.04.2019 passed in Regular Criminal Case No.2018/2018.

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.

4. Though leave has already been granted by a Coordinate Bench of this Court, however, the parties would loose a forum in

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[CRLAS-1075/2023] 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 Therefore, this appeal is permitted to be withdrawn with liberty to file appeal before the District Judge concerned.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 Accordingly, this criminal appeal stands disposed of as withdrawn.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 condonation of delay.

8. Lower court record be sent back.

(BIRENDRA KUMAR),J

45-deep/-

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