Jharkhand High Court
Maya Pathak vs State Of Jharkhand on 3 May, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2628 of 2017
Maya Pathak ............Petitioner
Vrs.
1.State of Jharkhand
2.Santosh Pathak
3.Vijay Kr. Pathak @ Vijay Kumar Pathak
4.Gita Devi
5.Pushpa Kumari@ Pushpa Pathak
6.Shyam Kant Ojha ......... Opposite Parties
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner : Mr. Suraj Singh
For the Opposite Parties : Mr. P.A.S. Pati (O.P. No.2 to 6) 09/03.05.2018 This petition seeking leave to appeal against the judgment of acquittal rendered by the learned Additional Sessions Judge VII, Dhanbad in Sessions Trial No. 471 of 2008 arises out of Nirsa P.S. Case No. 279 of 2007, corresponding to G.R. Case No. 3676 of 2007 where under the accused / opposite party nos. 2 to 5 herein have been acquitted of the charge under Section 313/34,323/504 of the Indian Penal Code and 3 of the Dowry Prohibition Act while recording conviction under section 498(A)/34 I.P.C and 4 of D.P. Act, except opposite party no.6, who has been acquitted of all the charges.
The instant petition was initially styled as criminal revision and listed before learned Single Judge of this Court. On permission being granted, it was converted into an application under Section 378(4) of the Criminal Procedure Code. However, since the matter arises out of Sessions Trial Case recording acquittal of accused persons under the aforesaid sections, the informant / victim is required to seek leave to appeal in terms of Section 378(3) of the Criminal Procedure Code instead of special leave to appeal under Section 378(4) of the Code in view of the judgment rendered by the Hon'ble Apex Court in the case of Satya Pal Singh Vrs. State of Madhya Pradesh and others reported in (2015) 15 SCC 61.
In view of what has been held by this Court in Cr.M.P. (D.B.) No. 321 of 2018 along with another analogous case vide order dated 17.04.2018, petitioner is granted permission to convert this Cr.M.P into Acquittal Appeal and seek leave to appeal through interlocutory application filed along with it. Let appropriate corrections be made in the body of the petition by learned -2- counsel for the petitioner for converting the petition into Acquittal Appeal within 1 week. Office to undertake fresh stamp reporting. On removal / compliance of the defect, if any pointed out by the stamp report, let the case be listed before the appropriate Bench.
(Aparesh Kumar Singh, J.) ( Ratnaker Bhengra, J.) A.Mohanty