Single bench order held that leave to appeal is converted into a regular appeal under the proviso to Section 372 Cr.P.C. due to victim's absolute right to appeal, allowing the application.
Application for conversion of leave to appeal into appeal allowed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Crml Leave To Appeal No. 240/2018
Kalu Ram
----Appellant
State Of Rajasthan And Anr
Versus ----Respondent
| For Appellant(s) | : Mr. N.R. Budania |
|---|---|
| For Respondent(s) | : Mr. Mukhtiyar Khan, P.P. Mr. D.S. Gharsana |
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/08/2023
The leave petitioner has preferred an application seeking conversion of the instant leave to appeal under an appeal under the proviso to Section 372 Cr.P.C.
Since by the virtue of insertion of proviso to Section 372 Cr.P.C., an absolute right has been conferred upon the victim to prefer an appeal against judgment of acquittal, the instant leave to appeal is converted into an appeal.
The application is allowed.
(FARJAND ALI),J
255-Taruna/-
1 issue framed by the court
Whether the leave to appeal should be converted into a regular appeal under the proviso to Section 372 Cr.P.C.
1 provisions across 1 enactments
Kalu Ram
State of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
