HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It was a case instituted upon the police report, in which after fulfledged trial, learned Magistrate acquitted the accused respondent from the charges. The criminal leave to appeal under sub-clause 4 of Sec. 378 Cr.P.C preferred on behalf of the victim of the case is not maintainable.

(2.) Feeling that nobody should be left remediless, the petitioner is given liberty to prefer an appeal, if he desires to do so, before the concerned Sessions-Division within next thirty days supported by an application under Sec. 5 of the Limitation Act.

(3.) In the event, such an appeal is preferred, the learned Sessions Judge shall consider the issue regarding condonation of delay sympathetically taking into account the fact that owing to inadvertence, wrong forum has been approached.