Vs. Chandan Singh & Ors  Insc 79 (3 February 2005)
Singh & B.N. Srikrishna B.P.Singh,J.
have heard counsel for the parties.
this appeal by special leave the order of the High Court of Madhya Pradesh, Indore
Bench dated 9th January,
2002 in Criminal
Appeal No.1213/2001 has been impugned.
High Court by its aforesaid order found that having regard to the evidence on
record, no case for interference was made out in the said appeal against
acquittal and accordingly the court declined leave to appeal and dismissed the
State's appeal having been dismissed by the High Court, the injured Badrilal
has preferred this appeal by special leave.
occurrence that took place on the 17th March, 1997 two persons were seriously injured namely, Anita PW-6 and Badrilal
case of the prosecution is that Anita rushed to her village and reported the
matter to one Kanak Singh PW-4 who later lodged a first information report.
Though we have looked into the evidence on record, we do not wish to express
any opinion at this stage in view of the order which we propose to make. We are
satisfied that this is one of those cases where the High Court should have at
least considered on merit the appeal against acquittal preferred by the State.
This was not a case in which the High Court should have refused leave to
however, should not be understood as expression of opinion on the merit of the
case either way.
allow this appeal, set aside the impugned order of the High Court dated 9th
January, 2002 and remit the matter to the High Court to grant leave to appeal
to the State to appeal against the judgment and order of the Additional
sessions judge, Dhar dated 30th July, 2001 in S.T.No.191/97 and to dispose of
the appeal thereafter on merit.