ORDER :

1. Leave granted.

2. We have heard learned counsel for the respondent-State and learned counsel for the appellant. The other respondents have been served but none has entered appearance.

3. The accused-respondents were put to trial in Sessions Trial No. 80 of 2014 titled State vs. Brindavan and Others arising out of Criminal Case No. 53 of 2014 under Sections 452, 302/34 of the Indian Penal Code.

4. The accused were acquitted by the trial Court in terms of the Judgment dated 19.12.2016.

5. The State aggrieved by the said order sought leave to appeal in Government Appeal No. 1947 of 2017. In terms of Section 372 read with Section 378 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) such leave was declined vide order dated 18.04.2017.

6. The appeal filed by the victim, however, came up before the Court after the aforesaid transpired and vide impugned order dated 23.11.2017 has been dismissed on the following ground:

“Since another Bench of this Court has already refused to grant leave and the government appeal itself stood dismissed in reference to the refusal to grant leave, it will not be congruous to unfold another course keeping pending to this appeal.”

7. Learned coun