Jharkhand High Court
Jorawar Ram vs The State Of Jharkhand & Others on 19 July, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. No. 1375 of 2017
Jorawar Ram ...Petitioner
vs.-
The State of Jharkhand & others ......Respondents
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner : Mr. Jai Shankar Tripathi, Adv.
For the Respondents : Mr. Arun Kumar Pandey, Adv.
---
6/19.7.2018 This petition seeking leave to appeal in terms of Section 378(3) of the Code of Criminal Procedure arises out of the judgment of acquittal dated 29th April, 2017 passed by learned Additional Sessions Judge-I- cum-Special Judge, SC/ST, Palamau at Daltonganj in S.T. Case No. 04/2016, whereunder the accused/opposite party nos. 2 to 5 have been acquitted of the charges under Sections 504/34 of the Indian Penal Code and Section 3(i)(v) and 3(i)(x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989. The instant case arose from Chainpur P. S. Case No. 156 of 2013.
In terms of the order dated 17th April, 2018 passed in Cr. M. P. No. 321 of 2018 and Cr. M. P. No. 637 of 23018, learned counsel for the petitioner is permitted to convert this petition into 'Acquittal Appeal' and file an Interlocutory Application seeking leave to appeal in terms of Section 378(3) of the Code of Criminal Procedure along with it. Reliance may also be placed upon the judgment in the case of Satya Pal Singh Vrs. State of Madhya Pradesh and others reported in (2015) 15 SCC
613. Let necessary correction be made in the body of the petition by learned counsel for the petitioner within a week for conversion to Acquittal Appeal.
Office to undertake fresh stamp reporting. Upon compliance/removal of the defects, if any, pointed out by the Stamp Reporter, let the matter be listed before the appropriate Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) jk