MEENADEVI Vs. OMPRAKASH

JUDGEMENT

(1.) APPELLANT has filed this appeal under section 378(4) of Code of Criminal Procedure (in brief "Code' ') against the order passed by Additional Chief Judicial Magistrate Indore in Cirminal Case No. 15815/2010 on 31.1.2014 by which acquitted the respondents from the charge under sections 341, 323 or 323/34 and 506 -II of IPC.

(2.) THE appellant has filed a private complaint against the respondents wherein the Additional Chief Judicial Magistrate. Indore took cognizance for the offence under sections 341, 323 or 323/34 and 506 -11 of IPC and alter trial,acquitted the respondents from all the charges. Being aggrieved appellant/complainant filed this appeal under section 378(4) of Code after obtaining special leave to file an appeal.

(3.) RESPONDENTS have raised preliminary objection that the appeal under section 378(4) of the Code is not maintainable whereas the appeal to the proviso of section 372 of Code is competent.