LAIMAYUM PREMLATA SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. C. S. Sinha, learned counsel appearing for the appellant-petitioner. Also heard Mr. A. Ghosh, learned Addl. Public Prosecutor for the State-respondent No.1 and Mr. S. Kar Bhowmik, learned counsel for the respondent No.2.

(2.) THIS petition under Section 482 of Cr.P.C. has been filed for treating the Criminal Appeal No.23/2011, as directed against the judgment and order of acquittal dated 28.04.2011 as passed by the learned Addl. Sessions Judge, Khowai, West Tripura in S.T. No.33(WT/K) of 2010 as an appeal filed under Section 372 read with Section 378 of Cr.P.C.

(3.) FROM the order dated 18.11.2011 as passed by this Court in the connected appeal, being Crl.A. No.23/2011, it appears that Mr. S. Kar Bhowmik, learned counsel for the respondent No.2 contended that the appeal cannot be entertained unless a leave petition is filed and the leave is granted by this court. In support of this contention, Mr. Kar Bhowmik has relied a case of Punjab and Haryana High Court in Criminal Appeal No.205- DB of 2010 (Smt. Ram Kaur @ Jaswinder Kaur Vs. Jagbir Singh @ Jabi & Ors.). On the prayer of Mr. C.S. Sinha, learned counsel for the appellant, this court by the said order dated 18.11.2011 provided opportunity to take appropriate steps. On 7.12.2011 another order was passed by this court in the said appeal, where it was observed :