PRAKASH CHANDRA SHARMA Vs. AMIT JOSHI

JUDGEMENT

(1.) Appellant has moved an application for removing the defect/s pointed out by the registry. It is contended by counsel for the applicant that against the acquittal order passed by the Gram Nyayalaya appellant preferred an appeal before the Sessions Court which was withdrawn for filing an appeal before the High Court. It is contended that in Ashwini Kumar Vs. State of Rajasthan,2015 2 CrLR 902 High Court held that in view of Sec. 378 (1) (2) Cr.P.C. leave to appeal lies to the High Court and no appeal lies before the Sessions Court.

(2.) Office has raised the objection that in view of Sec. 33(3) and 33(7) of Gram Nyayalayas Act 2008, criminal appeal is not proper.

(3.) I have considered the contention and have perused the provisions of Gram Nyayalayas Act. Sec. 18 and Sec. 33 of the of the Gram Nyayalayas act reads as under: