Madhya Pradesh High Court
The State Of Madhya Pradesh vs Rahul Sharma on 11 December, 2015
1
M.Cr.C.No.6529/2015 (State of M.P. Vs. Rahul
Sharma)
11/12/2015
Shri Vishal Mishra, learned Dy. Advocate General for
the applicant/State.
At the outset applicant's counsel seeks permission
to withdraw this petition filed under Section 378(3) of
Cr.P.C. for grant of leave to appeal with liberty to file
appropriate proceedings under Section 378(1) of Cr.P.C.
against the acquittal of the respondent before the
competent Session Court with further appropriate direction to the office to return certified copy of the impugned judgment enabling it to file the appropriate proceedings before the competent Session Court.
Having perused the Provision of Section 378(1) of Cr.P.C., without expressing any opinion on merits of the case, by allowing the prayer of Dy. Advocate General, this petition is hereby dismissed on the aforesaid technical ground of entertainability with liberty to the State to file appropriate proceedings against the impugned judgment of acquittal of the respondent passed by the Judicial Magistrate, First Class, Bhind in criminal case No.1741/11 vide judgment dated 24.03.2015.
Considering the oral prayer of the counsel, office is 2 M.Cr.C.No.6529/2015 (State of M.P. Vs. Rahul Sharma) direct to return certified copy of the impugned judgment to the Advocate General office retaining its photocopy on record enabling it to file such proceedings before the competent Session Court.
At the request of counsel, it is also observed that on filing appropriate application under Section 14 read with Section 5 of the Limitation Act along with aforesaid proceedings before the Session Court, the State shall be entitled to get the benefit of exclusion of period which has been spent in prosecuting the present petition by this Court.
(U.C.Maheshwari) (Sushil Kumar Gupta)
Judge Judge
bj/-