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2025 DAILYLAW 41336 (RAJ)

CHUNNI LAL BARIYA SON OF SHRI DEEPCHAND CHOUDHARY v. SHRI CHATURBHUJ TANWAR SON OF SHRI HEERALAL JI DHOBI

CRLAS/807/2024 · 2025-10-28

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 807/2024 Chunni Lal Bariya Son Of Shri Deepchand Choudhary ----Appellant Versus Shri Chaturbhuj Tanwar Son Of Shri Heeralal Ji Dhobi ----Respondent For Appellant(s) : Mr. Aman Sharma Mr. Ninad Khandelwal for Mr. Shashi Shekhar Gaur For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 28/10/2025 Matter comes upon an application seeking permission to convert the present criminal appeal into criminal leave to appeal. Counsel for the appellant submits that the accused- respondents faced trial for the offences under Sections 406 and 420 IPC before the Judicial Magistrate, Ajmer in a complaint case No. 32/2001 filed by the complainant-appellant but the accused respondents have been acquitted by the learned trial judge vide judgment dated 20.01.2015. Counsel submits that criminal leave to appeal under Section 378 (4) Cr.P.C. is maintainable against the judgment passed in the aforesaid case but due to a bona fide mistake, the criminal appeal was preferred before the Sessions Court, however the same was withdrawn with liberty to file criminal leave to appeal before this Court but again because of an inadvertent mistake the instant criminal regular appeal has been preferred, hence an application seeking permission to convert the (2 of 2) [CRLAS-807/2024] instant criminal regular appeal into criminal leave to appeal has been submitted. Application stands allowed for the reasons stated therein and this appeal is treated as criminal leave to appeal. Counsel for the appellant is directed to file amended cause title within a period of one week from today. Office is directed to institute this criminal regular appeal as criminal leave to appeal. For the statistical purpose, the present criminal appeal stands disposed of. (ANOOP KUMAR DHAND),J Ashu/143