Jharkhand High Court
Jamuna Kumar Bhuiyan @ Jamuna Bhuiyan vs The State Of Jharkhand & Ors. ---------- ... on 25 June, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 257 of 2018
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Jamuna Kumar Bhuiyan @ Jamuna Bhuiyan --- ---- Petitioner Versus The State of Jharkhand & Ors. ---------- Opp. Parties
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CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra
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For the Petitioner : Mr. Ajay Kumar Singh, Adv.
For the State : APP
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09/25.06.2018 This petition under Section 378(3) of the Criminal Procedure
Code seeks grant of leave to appeal against the judgment of acquittal dated 20th June 2017 passed in Session Trial No.300/2015 by the learned Sessions Judge, Dhanbad whereunder the accused opposite party no.2 to 5 have been acquitted of the charges under Section 302 read with Section 34 of the Indian Penal Code and Section 201 also read with Section 34 of the Indian Penal Code. The instant Sessions Trial arose out of Chirkunda P.S. Case No. 72 of 2015 corresponding to G.R. No.965/2015.
In view of the order dated 17th April 2018 passed in Cr.M.P. No.321 of 2018 and Cr.M.P. No.637 of 2018, petitioner was required to file an acquittal appeal against the impugned judgment. Learned counsel for the petitioner informs that an Acquittal Appeal No.30/2017 has already been filed by the petitioner, but in view of the defect pointed out by the Stamp Reporter, the present petition was filed seeking grant of leave to appeal under Section 378(3) of the Criminal Procedure Code.
Having regard to the law laid in the case of Satya Pal Singh Vs. State of Madhya Pradesh and others reported in (2015) 15 SCC 613 and the order passed by this Court in Cr.M.P. No.321 of 2018 and Cr.M.P. No.637 of 2018, since an acquittal appeal has already been filed by the petitioner, let this petition be tagged along with the said acquittal appeal and be placed before the appropriate Bench.
(Aparesh Kumar Singh, J.) (Ratnaker Bhengra, J.) Shamim/