CHHATRADHARI RANA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The facts of the case is that the complainant filed Complaint Case No.1215 of 2010 for the offence punishable under Section 420/465/467/120B of the Indian Penal Code before the Judicial Magistrate, 1st Class, Giridih against the private respondents. The accused of the case was acquitted vide judgment dated 20.02.2018 passed by the Judicial Magistrate, 1st Class, Giridih. The complainant preferred Criminal Appeal No.40 of 2018 in the court of Additional Sessions Judge-VIII, Giridih. Learned Sessions Judge, Giridih keeping in view the judgment of Full Bench of this Court in the case of Tuklal Yadav vs. State of Jharkhand reported in 2018(4)JLJR 245; para-40 of which reads as under:-

(2.) Learned counsel for the appellant drawing attention of this court to the judgment of Hon'ble Supreme Court of India in the case of Mallikarjun Kodagali (Dead) through Lrs. vs. State of Karnataka and Others (AIR 2018 Supreme Court 5206), para-77 and 78 of which read as under:-

(3.) In Mallikarjun Kodagali (supra), the majority that is two of the Hon'ble Judges out of three constituting the bench held that the victim as defined under Section 2 (wa) of the Cr.P.C. will be entitled to file an appeal to which an appeal ordinarily lies against the order of conviction and in this case the appellate forum being the Sessions Judge, there is no requirement of the special leave under Section 378 (4) Cr.P.C. Hence, the prayer of the appellant is allowed. Leave is granted to the petitioner to withdraw this appeal to present a fresh appeal before Sessions Judge, Giridih which is to be considered by the Sessions Judge on its merit, without being prejudiced by this order.