This order dismisses a Cr.M.P. filed by the victim mother for leave to appeal an acquittal. The court held the appeal was not maintainable as the State had already filed a Cr.M.P. for leave to appeal regarding the same judgment, which was previously dismissed by this High Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P. No. 715 of 2016
---- Petitioner
Versus
---- Respondents
| For Petitioner | : Shri Abhishek Sharma, Advocate |
|---|---|
| For Respondent 1/State | : Smt. M. Asha, Panel Lawyer |
| For Respondents 2 and 3 | : None |
Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board
29/9/2016
1 . Heard on Cr.M.P. followed by Acquittal Appeal under the Proviso of Section 372 of the Code of Criminal Procedure, 1973 (for short the Cr.P.C.) against the judgment of acquittal passed by the Sessions Judge, Rajnandgaon (CG) in S.T.No.12/2015 vide judgment dated 2nd November, 2015, whereby and whereunder, the learned Sessions Judge acquitted respondents 2 and 3 of the charges under Section 306 read with Section 34 IPC.
2 . The present applicant is the mother of deceased Omprakash Sahu who claims herself as the victim covered under Section 2 (wa) of Cr.P.C. and submits that being a guardian of deceased Omprakash Sahu, she comes under the category of victim and with this she can prefer an appeal under the Proviso to
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Section 372 Cr.P.C.
3 . During hearing of the instant Cr.M.P. for grant of leave to appeal under Section 378 (3) Cr.P.C., learned counsel for the petitioner fairly submits that against the judgment of the trial Court, State preferred Cr.M.P.No.39/2016 an application for leave to appeal followed by Acquittal Appeal and the coordinate Bench of this Court vide order dated 19.7.2016 had dismissed the Cr.M.P. refusing to grant leave to appeal and also thereby dismissed the annexed Acquittal Appeal.
4 . On due consideration of the above facts, if this High Court has already dismissed the leave to appeal against the same judgment in a Cr.M.P. filed by the State followed by Acquittal Appeal, the said denial of leave cannot again be considered in a subsequent Cr.M.P. for leave to appeal followed by Acquittal Appeal against the said judgment.
5 . For the forgoing, this Court is of the considered view that the instant Cr.M.P. followed by Acquittal Appeal is not maintainable. Consequently, the instant Cr.M.P. is hereby dismissed along with Acquittal Appeal.
Sd/
(Chandra Bhushan Bajpai) Judge
sunita
1 issue framed by the court
Whether leave to appeal under Section 378(3) Cr.P.C. is maintainable when the State has already unsuccessfully sought leave to appeal from the same acquittal judgment in a prior Cr.M.P.
2 provisions across 1 enactments
Smt. Kala Bai Sahu
State Of Chhattisgarh
Deepak Kumar Sahu
Tikeshwar @ Chhotu Sahu
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
