Orissa High Court
CRLLP/204/2017 on 10 February, 2020
Author: S. K. Mishra
Bench: S. K. Mishra
CRLLP No.204 of 2017
05. 10.02.2020 Heard learned counsel for the appellant-informant.
The informant has preferred this CRLLP under
Section 378 (4) of the Code of Criminal Procedure, 1973
challenging the judgment and order of acquittal dated
13.09.2017 passed by the learned Assistant Sessions Judge,
Jaleswar in Sessions Trial No.11 of 2016/ Sessions Trial
No.177 of 2016/ CIS Pune S.T. No.19 of 2016, whereby the
respondent nos.2 to 4 have been acquitted of the charges under
Sections 498A/ 323/ 325/ 307/ 506/ 34 of the I.P.C. read with
Section 4 of the D.P. Act.
This CRLLP is not maintainable in the High Court, as
the impugned judgment and order of acquittal has been passed
by the learned Assistant Sessions Judge, Jaleswar although
the appeal lies to the Sessions Judge, Balasore or Additional
Sessions Judge, Balasore.
Accordingly, this CRLLP is allowed to be withdrawn to
be filed before the learned Sessions Judge, Balasore or learned
Additional Sessions Judge, Balasore, as the case may be.
Since the petitioner has approached in the wrong
forum, the limitation shall be considered by the appellate court
keeping in view the provisions of Section 14 of the Limitation
Act, 1963. Certified copy of the aforesaid impugned judgment
and order of acquittal be returned to the appellant by
substituting a Xerox copy thereof.
Urgent certified copy of this order be granted on
proper application.
.............................
S. K. Mishra, J.
................................ Dr. A.K. Mishra, J. BJ