High Court rejected grant of criminal leave to appeal against acquittal as proper procedure requires filing before Sessions Judge. Granted liberty to file within 60 days with condonation of delay.
Leave to appeal disposed of; liberty to prefer appeal before Sessions Judge within 60 days with condonation of delay.
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[2023/RJJD/014768]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Crml Leave To Appeal No. 27/2020
Hygreev Singh S/o Late Mahendra Singh, Aged About 53 Years, By Caste Rajput, Occupation Agriculture, R/o Osia, Teh. And Dist. Jodhpur. At Present Basni Baghela, Jodhpur.
----Appellant
----Respondents
| For Appellant(s) | : Mr. Hanvant Singh Balot |
|---|---|
| For Respondent(s) | : Mr. Abhishek Purohit, AGA |
| Mr. Ravindra Pal Singh |
HON'BLE MR. JUSTICE FARJAND ALI Order
11/05/2023
(2 of 2)
[2023/RJJD/014768]
[CRLLA-27/2020]
Magistrate, Osian before the Sessions Judge, Jodhpur District by filing an appeal. Since the delay is occasioned owing to the approach of the 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
77-Ashutosh/-
3 issues framed by the court
Whether leave to appeal under Section 372 CrPC against judgment of acquittal is maintainable directly in High Court rather than before Sessions Judge.
Whether delay in filing appeal due to approaching wrong forum warrants condonation.
Whether appropriate authority to condone delay in criminal appeal under Section 372 CrPC.
1 provisions across 1 enactments
Hygreev Singh
Harshvardhan Singh
Kan Singh
Devi Singh
Raghunath Singh
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
