SHIJU K. SAMUEL Vs. ANIL KUMAR JAIN

JUDGEMENT

(1.) This M.Cr.C. has been filed under Sec. 528 of BNSS against order dtd. 21/7/2025 passed by Additional Sessions Judge, Jabalpur in Cr.A. No. 1444/2024, whereby Appellate Court held that application filed by the applicant under Sec. 391 of Cr.P.C. shall be decided at the time of final disposal of appeal on merits and not separately.

(2.) Learned counsel for the applicant submits that in the instant case, applicant has filed an application under Sec. 391 of Cr.P.C. before learned Appellate Court but Appellate Court has not decided aforesaid application and it has passed an order to the effect that aforesaid application shall be disposed of, at the time of final disposal of appeal. Learned counsel for the applicant, after referring and relying upon Criminal Appeal No. 184/2020 (Asim @ Munmun Vs. State of Gujarat) decided on 28/1/2020, submits that learned Appellate Court was required to decide applicant's application under Sec. 391 of Cr.P.C. before deciding the appeal on merits finally. Hence, petition filed by the applicant be allowed and impugned order be set aside and appellate Court be directed to first decide applicant's application under Sec. 391 of Cr.P.C. and thereafter dispose of the appeal finally on merits.

(3.) I have heard learned counsel for the applicant and perused the record of the case.