STATE OF RAJASTHAN Vs. SHAILENDRA KUMAR

JUDGEMENT

(1.) This leave to appeal has-been filed by the State of Rajasthan against the judgment dated 17.9.2007 passed by the Addl. Chief Judicial Magistrate, Hindaun City, District Karauli whereby the accused-respondent Shailendra Kumar has been acquitted of the offence under Sections 279 and 304A I.P.C.

(2.) This Court in the matter of State of Rajasthan v. Ram Gopal, S.B. Criminal Leave to Appeal No. 257 of 2008, decided on 4.3.2009 has an occasion to consider the question as to whether after amendment in Section 378 Cr.P.C. by the Cr.P.C. Amendment Act (Act No. 25 of 2005) leave to appeal against the judgment of acquittal passed by a Judicial Magistrate is maintainable directly to this Court. Referring to the amended Section 378 Cr.P.C. this Court held as under:

(3.) In view of the law laid down by this Court in the matter of Ram Gopal (supra) and in view of clause (a) of Section 378(1) Cr.P.C., the present leave to appeal filed by the appellant State in this Court against the order of acquittal passed by Addl. Chief Judicial Magistrate, Hindaun City, District Karauli is held to be non-maintainable and the same is disposed of accordingly with the direction to the Public Prosecutor to present the appeal before the concerned Court of Sessions. The time during which the appeal remained pending in this Court would be excluded from the period, of limitation.