Jharkhand High Court
Sunil Kumar Singh vs The State Of Jharkhand & Others --- --- ... on 13 August, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1215 of 2017
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Sunil Kumar Singh --- ---- Petitioner
Versus
The State of Jharkhand & others --- --- Opp. Parties
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Shekhar Pd. Sinha, Advocate For the O.P. State: Mr. Ravi Prakash, A.P.P.
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05/ 13.08.2018 Petitioner has sought Leave to Appeal in terms of section 378(3) of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 31.03.2017 passed in Sessions Trial No. 562/2010 arising out of G.R. No. 2456/2009 corresponding to Jorapokhar P.S. Case No. 177/2009 by the Learned Additional Sessions Judge-XV, Dhanbad.
2. In view of order dated 17.04.2018passed by this Court in Cr. M.P. (DB) No. 321/2018 (Raghunath Pradhan Vs. State of Jharkhand & others) and analogous case, learned counsel for the petitioner is permitted to convert this petition into Acquittal Appeal and file an interlocutory application along with it for seeking Leave to Appeal under section 378(3) of Code of Criminal Procedure. Reliance has also been placed on the judgment of the Apex Court in the case of Satya Pal Singh Vs. State of Madhya Pradesh & others [(2015) 15 SCC 613]. Counsel for the petitioner would undertake necessary correction in the body of the petition within a week for conversion into Acquittal Appeal.
3. Office to undertake fresh stamp reporting. Upon compliance / removal of defects, as pointed out by the Stamp Reporter, if any, let the matter be listed before the appropriate Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/