Allowed application under Section 5 of the Limitation Act. Held, amendment inserted a proviso to Section 372 CrPC creating an absolute right for victims to appeal acquittals; leave application disposed of with direction to treat the petition as an appeal.
Lea to appeal allowed; treated and registered as an appeal under Section 372 of the CrPC.
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.
[2023:RJ-JD:37480]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Crml Leave To Appeal No. 135/2020
Naseer Khan S/o Shri Rahman Khan, Aged About 49 Years, By Caste Muslim, R/o Khamthal Bandheva, Falsund Police Station, District Jaisalmer.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Rajender Singh Charan For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/11/2023
(FARJAND ALI),J
108-Pramod/-
2 issues framed by the court
Whether application under Section 5 of the Limitation Act should be allowed to cure delay.
Whether criminal leave to appeal satisfies the new absolute right of victim to prefer an appeal against acquittal.
2 provisions across 2 enactments
Naseer Khan
State
Lale Khan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
