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High Court Of ChhattisgarhCRMP/607/2014dismissed

Madan Lal v. S.N.Singh And ORS.

2019-01-25Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 607 of 2014 Madan Lal, S/o. Bhakturam, Aged About 50 Years, R/o. Pagri, Out Post Machadur, P.S. Utai, Civil & Revenue Distt. Durg, Chhattisgarh ---- Petitioner

Versus

1. S.N.Singh, S/o. Late Rajeshwar Singh, Aged About 50 Years, OccupationService, A.S.I. Out Post Machadur, P.S. Utai, Civil & Revenue Distt. Durg, Chhattisgarh

2. Tiharu Ram, S/o. Ramu Marar, Aged About 54 Years, R/o. Mudpar, P.S. Utai, Civil & Revenue Distt. Durg, Chhattisgarh

3. State Of Chhattisgarh, Through District Magistrate Durg, Distt. Durg, Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Anurag Khatri, Advocate For Respondents No.1 :

Mr. Praveen K. Dhurandhar, Advocate For Respondent No.3 :

Mr. Aditya Sharma, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.01.2019 Heard 1.

By this petition the order dated 30.04.2014 is assailed which is an order passed in the revision acquitting the respondent No.1. Primarily therefore petition is against such order and further against the proceeding whereby the trial against the respondent No.2 is continued. The continuation of trial is not under any challenge.

2.

The order when perused, it is an order of discharge acquitting the Respondent No.1 from the charges. Therefore prima facie it being an appeal will lie under sub-section 4 of Section 378 of Cr.P.C. 3.

As per sub-section (4) of Section 378 of Cr.P.C. if an order of acquittal has been passed in any case instituted upon complaint,

then the complainant may file an appeal after grant of special leave to appeal against an order of acquittal. The word such an order of acquittal appears in sub-section (4) is controlled by clause (b) of sub-section (2) and sub-section (1) of Section 378 of the Code. Therefore, the instant petition is not maintainable and accordingly is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok