STATE OF MADHYA PRADESH Vs. RAMPAL AND ANOTHER

JUDGEMENT

(1.) This application is filed under section 378(3) of the Cr.P.C. on 28.10.2013 against the order of acquittal of the respondents passed by the Judicial Magistrate Class I, Satna, on 26.6.2013 in Criminal Case No.4403/2011 whereby the respondents have been acquitted of the charge under sections 325/34, 324/34 and 323/34 of the I.P.C.

(2.) During the course of hearing on admission, on perusal of record it is noticed that against the impugned judgment of acquittal private parties as victims had filed an appeal under the amended provision of section 372 Cr.P.C., which was registered as Criminal Appeal No.8/2014 before the Sessions Court, Satna, on 16.8.2013 in which the State was not made party and the said criminal appeal was dismissed on merit on 6.3.2014 affirming the impugned order of acquittal. Now, the question is whether this application filed by the State under section 378(3) Cr.P.C. is maintainable or has become infructuous.

(3.) Under the provisions of the Cr.P.C. in State case, the State has a right to file an appeal against the order of acquittal under section 378(1)(b) subject to provisions of sub section (3). In exercising this power the State has filed this application for leave to appeal.