Surjaram vs. State Of Rajasthan
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble K. S. Jhaveri
Listed On:
28 Nov 2017
Order Text
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 610 / 2017
Surjaram S/o Bhomaram B/c Jat, Aged About 57 Years, R/o Deenpur Tehsil Dantaramgarh Distt. Sikar
----Appellant
Versus
-
State of Rajasthan Through PP
-
Ramdev S/o Jaluram B/c Jat, R/o Buldako Ki Dhani Tan Charanvas PS Khatushyamji, Distt. Sikar Rajasthan
----Respondents
Connected With
S.B. Criminal Appeal No. 1446 / 2016
Ramdev Son of Shri Jaluram, by Caste Jat, R/o Buladko Ki Dhani Tan Charanwas Police Station Khatushyamji District Sikar. At Present in District Jail, Sikar.
----Appellant
The State of Rajasthan Through P.P.
Versus
----Respondent
| For Appellant(s) | : | Mr. Atma Ram Meena |
|---|---|---|
For Respondent(s) : Mr. N.S. Dhakad, Public Prosecutor
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
_____________________________________________________
_____________________________________________________
28/11/2017 :
S.B. Criminal Appeal No. 610 / 2017
Mr. Atma Ram Meenta, learned counsel appearing for the complainant-appellant, has very fairly submitted that as per proviso to Section 372 Cr.P.C., the appeal filed on behalf of the complainant for enhancement of sentence is not maintainable, as this right only vest in the State because of Section 377 Cr.P.C. Counsel has further submitted that the present appeal may be dismissed as withdrawn with liberty to the complainant-appellant to file a revision for enhancement of sentence and compensation.
As prayed, the present appeal (S.B. Criminal Appeal No. 610 / 2017) is, hereby, dismissed as withdrawn with liberty aforesaid.
The Registry is directed to return the impugned judgment, 'vakalatnama' and other documents to the learned counsel appearing for the complainant-appellant, subject to furnishing true photostat copies thereof.
In view of the dismissal of the main appeal, S.B. Criminal Miscellaneous Application No.398/2017 filed under Section 5 of the Limitation Act is also disposed of.
S.B. Criminal Appeal No. 1446 / 2016 is admitted.
(KANWALJIT SINGH AHLUWALIA)J.
ashok
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