The High Court of Rajasthan dismissed the leave to appeal application filed by the appellant against a judgment and order preferring an appeal by the State. The court held the application was barred by limitation as the acquittal judgment of the respondents was passed in 2015.
The application for leave to appeal is dismissed as being barred by limitation.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Crml Leave To Appeal No. 231 / 2017
Kanhaiya Lal S/o Shri Shiv Lal, By Caste Gaur Brahmin, Resident of Sojat City District Pali
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Vinod Sharma
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
07/11/2017
Learned counsel Mr. Sharma has failed to submit any explanation regarding maintainability of this leave to appeal application.
The respondents no.2 and 3 were acquitted of the charges under Sections 420, 467, 468, 471 and 120B IPC by learned A.C.J.M. Sojat City vide judgment dated 29.7.2015. The state of Rajasthan preferred an appeal against the said judgment and the learned Addl. Sessions Judge, Sojat City, without examining the aspect of maintainability of the said appeal, proceeded to decide the appeal on merits and rejected the same by order dated 3.1.2017.
The applicant complainant could have challenged the trial
(2 of 2)
[CRLLA-231/2017]
court’s judgment dated 29.7.2015 by preferring an application for grant of leave to appeal but he did not avail the said legal remedy. Thus, the instant application for leave to appeal even if treated to be maintainable is hopelessly barred by time because the original judgment of acquittal was passed by the trial court way back on 29.7.2015. In this background, the instant application for leave to appeal is dismissed as being barred by limitation.
(SANDEEP MEHTA),J.
/sushil/
2 issues framed by the court
Whether the leave to appeal is barred by limitation given the acquittal judgment dates back to 2015.
Whether the instant application for leave to appeal is maintainable.
1 provisions across 1 enactments
Kanhaiya Lal
The State of Rajasthan
Madan Lal
Bhana Ram
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
