The State Of Chhattisgarh v. Rajesh Khandelwal

® Cr.M.P.No.929/2014 NAFR HI GH COURT OF CHHATTISGARH RII ASPI IR Criminal Misc. Petition No.929 of 2014 The State of Chhattisgarh, Through District Magistrate, Rajnandgaon (C.G.) ---- Petitioner

Versus

Rajesh Khandelwal, Slo Harishankar Khandelwal, aged about 42 years, R/o Ganjiine, Rajnandgaon, PS Rajnandgaon, Distt. Rajnandgaon (C.G.) -~-- Respondent For Petitioner:

Mr. Neeraj Jain, For Respondent:

Mr. G.S.

Hon'ble Shri Justice T. P. Sharma a n"

Hon'ble Shri Justice Inder Singh Uboweja 20/03/201 5 TP Sharma .l 1.

This is petition for leave to e judgment of acquittal passed by the a h Sessions Judge, Rajnand al No.13/2014 on 6-5-2014, whereby g e the respondent who was co trial Court has been acquitted by the n .....

e appellate Court while exercising the appellate jurisdiction. 2.

In the light of clause (b) of sub-section (1) of Section 378 read with sub-section (3) of Section 378 of-the CrPC, appeal or leave to appeal against the order passed by the appellate Court exercising appellate jurisdiction l revisional jurisdiction under clause (a) of sub-section (1) of Section 378 ofthe CrPC, is not competent.

3.

Section 378 of the CrPC reads thus, "378. Appeal in case of acquittal.-(1) Save as othen/vise provided in sub~section (2), and subject to the provisions of sub-sections (3) and (5),- a (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revrsron.

Cr.M.P.No.929/2014 (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal - (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.

'o Q) No appeal t nd n (1) or sub-section 'gh Court.

......... ,, h e d c er of acquittal is passed In any .

m nd the High Court, on an application a ant in this behalf, gtants special leave to the rvof acquittal, the ~ y present such ie l a , e for the grant of special lave all be entertained by the High to appeal from an ord e h , where the complainant is a Court after the expiry y other case, computed from r public servant, and sixty a the date of that order of r sub-section (4) for the grant e e (Q) If, in any case, the p) r of acquittal is refused, no of special leave to ap lie under sub-section

(1) or l appeal from that order under sub-section (2)."

4.

Consequently, the petition for leave to appeal is summarily dismissed as not maintainable reserving liberty to the petitioner l State to redress the grievance before proper forum.

5.

Certified copy of the judgment impugned be returned to counsel for the petitioner l State on his submitting the duly attested photostat copy of the same. Sd/- l SdlT.P. Sharma Judge, Inder Singh Uboweja Judge Soma