The State of Madhya Pradesh Vs. Rajkumar

The State of Madhya Pradesh vs Rajkumar

Type Court Judgment Court Madhya Pradesh Decided Jan 23, 2013

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https://sooperkanoon.com/case/1049521

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Citation: sooperkanoon.com/1049521
Court: Madhya Pradesh High Court
Decided On: Jan 23, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

The State of Madhya Pradesh

Respondent

Rajkumar

Excerpt

m.cr.c no.10995 o”23. 01.13 shri geetesh singh thakur, pl, counsel for the applicant. heard on the question of admission. on behalf of state of madhya pradesh, this petition is preferred under section 378(4) of the cr.p.c for grant of leave to appeal against judgment dated 29.7.09 passed by i asj.sohagpur, district hoshangabad in cr.a.no.59/06 whereby the judgment dated 20.6.06 passed by the jmfc sohagpur in criminal case not no.608/05 convicting and sentencing to the respondent no.1 and 2 namely, rajkumar and uma devi for the offence under section 498-a of the ipc and under section 4 of the dowry prohibition act, has been set aside and they have been acquitted in appeal. having heard, perused the record of both the courts below (it is noted that the record of sessions court is available in present m.cr.c.while the record of trial court is available with connected m.cr.c.no.10305/09 filed by the victim against affirming the acquittal of the other co-accused by the revisional court) i am of the considered view that in the available circumstances, the impugned judgment acquitting the respondents requires reconsideration in the light of the findings of the trial court whereby the aforesaid respondents were convicted. so, by allowing this petition, the leave to appeal against the impugned judgment of the appellate court till the extent of respondents, is hereby granted. now, office is directed to register the same as criminal appeal and list this matter before appropriate bench having the roster of criminal appeal along with the record of m.cr.c.no.10305/09 for admission. (u.c.maheshwari) judge mkl

Full Judgment

M.Cr.C No.10995 o”

23. 01.13 Shri Geetesh Singh Thakur, PL, counsel for the applicant.

Heard on the question of admission.

On behalf of State of Madhya Pradesh, this petition is preferred under section 378(4) of the Cr.P.C for grant of leave to appeal against judgment dated 29.7.09 passed by I ASJ.Sohagpur, District Hoshangabad in Cr.A.No.59/06 whereby the judgment dated 20.6.06 passed by the JMFC Sohagpur in Criminal Case not No.608/05 convicting and sentencing to the respondent No.1 and 2 namely, Rajkumar and Uma Devi for the offence under section 498-A of the IPC and under section 4 of the Dowry Prohibition Act, has been set aside and they have been acquitted in appeal.

Having heard, perused the record of both the courts below (it is noted that the record of Sessions Court is available in present M.Cr.C.While the record of trial court is available with connected M.Cr.C.No.10305/09 filed by the victim against affirming the acquittal of the other co-accused by the revisional court) I am of the considered view that in the available circumstances, the impugned judgment acquitting the respondents requires reconsideration in the light of the findings of the trial court whereby the aforesaid respondents were convicted.

So, by allowing this petition, the leave to appeal against the impugned judgment of the appellate court till the extent of respondents, is hereby granted.

Now, office is directed to register the same as criminal appeal and list this matter before appropriate bench having the roster of criminal appeal along with the record of M.Cr.C.No.10305/09 for admission.

(U.C.Maheshwari) Judge MKL

Same Court & Year Madhya Pradesh · 2013 Same Parties The State of Madhya Pradesh vs Rajkumar Same Subject Land Acquisition