(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present appeal has been preferred by the appellant who was original complainant in Session Case Nos.49 and 50 of 2010, whereby the accused have been acquitted for the offences.
We may state that against the very judgment and the order passed by the learned Sessions Judge in Session Case Nos.49 and 50 of 2010, the State has already preferred appeal being Criminal Appeal No.1452/11 with the application for leave to prefer appeal being Criminal Misc. Application No.16046/11.
This Court as per the order passed today has granted leave to prefer appeal and the appeal of the State has been admitted.
Under the circumstances, in view of the decision of this Court in Criminal Misc. Application No.5522/09 with Criminal Appeal No.783/10, the present appeal preferred by the original complainant does not deserve to be entertained. However, it is observed that the appellant-original complainant shall be at the liberty to assist the Public Prosecutor at the time of final hearing of Criminal Appeal No.1452/11 preferred by the State and shall also be at the liberty to make submission with the Public Prosecutor against the order of acquittal at the time of final hearing of the appeal.
Subject to the aforesaid observations and directions, the present appeal is disposed of. Office to show the name of Mr.Hardik A. Dave with the Public Prosecutor in Criminal Appeal No.1452/11.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top