JUDGMENT :

1. Heard Sri Rajesh Yadav, learned counsel for the appellant-applicant and Ms. Nandprabha Shukla, learned A.G.A. appearing for the State.

2. As already held by this Court in number of cases that leave application filed under Section 378(3) Cr.P.C. is not required in the appeal filed by the victim under Section 372 Cr.P.C. like the present appeal. A reference may be made to the order dated 4.8.2021 passed in Criminal Appeal U/S 372 Cr.P.C. No. 123 of 2021 (Rita Devi vs. State of U.P. and another). As such, the application for leave to appeal stands rejected as not maintainable and / or not required.

3. This appeal has been filed against the order dated 12.7.2017 passed by the Additional Sessions Judge, Court No. 5, Mathura acquitting the respondent nos. 2, 3 and 4 under Section 302 I.P.C. and Section 25 of Arms Act in Sessions Trial No. 764 of 2013 arising out of Case Crime No. 85 of 2012, under Section 302 I.P.C. and Session Trial No. 765 of 2013 arising out of Case Crime No. 97 of 2012, under Section 25 of Arms Act, P.S. Maant, District Mathura.

4. According to the first information report on 4.6.2012 at about 09:00 P.M. certain persons on highway were committing theft of e