The High Court disposed of a criminal leave to appeal preferring no justification given for entertaining it. Liberty was granted to challenge the acquittal judgment before the Sessions Judge within 60 days, with directions regarding condonation of delay.
Leave to appeal disposed; liberty to appeal before Sessions Judge within 60 days with leniency on delay.
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[2023/RJJD/014841]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Crml Leave To Appeal No. 12/2021
Laxmikant Agarwal S/o Sh. Banarsi Lal Agarwal, Aged About 59 Years, B/c Agarwal, R/o Banswara, Tehsil And District Banswara.
----Appellant
----Respondents
| For Appellant(s) | : Ms. Kiran |
|---|---|
| For Respondent(s) | : Mr. Abhishek Purohit,AGA |
HON'BLE MR. JUSTICE FARJAND ALI
Order
11/05/2023
(2 of 2)
[2023/RJJD/014841]
[CRLLA-12/2021]
petitioner to a wrong forum, therefore, it is deemed appropriate to direct that if the appeal is preferred within 60 days from today, the learned Sessions Judge shall consider the same taking a lenient view for condonation of delay occasioned in filing the appeal.
(FARJAND ALI),J
80-Ashutosh/-
2 issues framed by the court
Whether a leave to appeal against acquittal should be entertained when the proper forum is the Sessions Judge.
Whether liberty is granted to file an appeal in the correct forum with a lenient view on delay.
Laxmikant Agarwal
State
Nathu
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
