Jharkhand High Court
Baby Bibi vs The State Of Jharkhand on 24 April, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. (DB) No. 669 of 2017
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Baby Bibi --- --- --- Petitioner
Versus
1. The State of Jharkhand
2. Jamal Momin
3. Israful Momin --- --- Opp. Parties
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Ratnaker Bhengra For the Petitioner: Mr. Gautam Kumar, Advocate For the O.P. - State: Mr. Rajesh Kr. Mishra, A.P.P. For the O.P. No. 2-3: Mr. Raja Ravi Shekhar Singh, Advocate
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07/ 24.04.2018 Private opposite parties have entered appearance on notice.
2. Petitioner seeks Leave to Appeal against the judgment of acquittal dated 17.12.2016 passed by the Learned District and Sessions Judge-I, Rajmahal in S.C. No. 172/2008 arising out of Radhanagar P.S. Case no. 76/2007 registered under section 376 of the Indian Penal Code.
3. Learned counsel for the petitioner is permitted to convert the present petition into Acquittal Appeal in view of what has been laid down by this court in the case of Raghunath Pradhan Vs. State of Jharkhand & others in Cr. M.P. No. 321/2018 and analogous cases by order dated 17.04.2018. The petitioner / appellant would be required to seek leave of the court in terms of section 378(3) of the Code of Criminal Procedure in view of the judgment rendered by the Apex Court in the case of Satya Pal Singh Vs. State of Madhya Pradesh & others [(2015) 15 SCC 613] by filing interlocutory application in the same Acquittal Appeal.
4. Let correction be made at the appropriate places in the body of the petition by converting it into Acquittal Appeal within a week. Office to make fresh stamp reporting. Upon removal / compliance of the defects, if any, pointed out by the Stamp Reporter, let it be listed before the appropriate Bench.
(Aparesh Kumar Singh, J) (Ratnaker Bhengra, J) Ranjeet/