RAYMA ADHAM SELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms.C.M. Shah learned APP waives service of notice of rule for and on behalf of the respondent No.1 - State of Gujarat.

(2.) An application is filed for leave to appeal under sec. 378(4) of the Code of Criminal Procedure filed by the applicant - original claimant challenging the legality and validity of the judgement and order dtd. 10/03/2022 passed by the learned Additional Chief Judicial Magistrate, Nakhtrana, Kutch in Criminal Case No.167 of 2018, whereby the learned Magistrate was pleased to acquit the respondent accused by giving benefit of doubt from the offences punishable under Sec. 406 , 465 , 467 , 468 , 471 , 114 and 120(B) of Indian Penal Code.

(3.) It is pertinent to note that the applicant is the complainant / victim in the case in question and hence, there is no requirement of filing application for leave to appeal as held by the Hon'ble Apex Court in the case of Mallikarjun Kodagali (Dead) represented through legal Representative Versus State of Karnataka, reported in (2019) 2 SCC 752. Hence, the present application stands disposed of.