High CourtsSingle Bench(2012) 04 UK CK 0051

Smt. Vijaylaxmi vs Shri Rajeev Jakhmola, Sri Vidyadutt Jakhmola and Smt. Reetu Thapliyal

Uttarakhand High Court · Decided on 17 April 2012

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Spla No. 38 of 2012 with Criminal Appeal No. 110 of 2012

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Judgment

2 paragraphs · 213 words

Hon''ble Prafulla C. Pant, J.—This is leave to appeal application No. 38 of 2012, seeking leave to appeal against the judgment and order dated 02.03.2012, passed by Additional Civil Judge (Jr. Div.)/ Judicial Magistrate, Rishikesh, in criminal complaint case no. 145 of 2010, whereby though, said court has convicted respondent no. 1 Rajeev Jakhmola u/s 498A IPC, but acquitted him from the other charges. The trial court has further acquitted the other respondents namely Vidyadutt Jakhmola, Reetu Thapliyal from the charge of offences punishable u/s 498A, 406 IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961. Having gone through the impugned order passed by the trial court, this Court does not find any sufficient reason to grant leave to appeal against the acquittal recorded by said court in respect of charge punishable u/s 406 IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961. Also, as to the acquittal in respect of the offence punishable u/s 498A IPC, of the other accused except the husband, this Court finds no ground to grant leave to appeal.

2.

Therefore, the leave to appeal application is rejected. The appeal against acquittal filed before this Court stands dismissed without prejudice to the rights of parties in the appeal/revision if any pending before the court of Sessions.