(1.) This application seeking leave to appeal against acquittal would challenge the judgment of acquittal rendered by the Judicial Magistrate 1st Class, Raipur in Case No.559/2005 acquitting the accused of the charges under Section 409 of IPC vide judgment dated 19.03.2019.
(2.) Instead of preferring the present application in the High Court seeking leave to appeal against the judgment of acquittal rendered by the Judicial Magistrate 1st Class, Raipur, the State should have preferred an appeal before the Sessions Court under Section 378 (1) (a) of CrPC in view of the law laid down by the Supreme Court in the matter of Subhash Chand vs State (Delhi Administration), 2013 2 SCC 17, wherein the following has been held in para 18:-
(3.) The acquittal appeal, against an order of acquittal rendered by the Judicial Magistrate 1st Class in a cognizable and non bailable offence, is dismissed as not maintainable reserving liberty in favour of the State to prefer acquittal appeal before the Sessions Court within a period of 30 days from today. If the appeal is preferred before the Sessions Court within 30 days from today, the Sessions Court shall hear the appeal on merits without raising objection as to the limitation.