IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 9696 of 2022 (SEEMA JAT Vs MUKESH AND OTHERS )

Dated :05-02-2026 Shri Vikas Hingole - Advocate for the appellant.

Shri Kaushal Sisodiya - Advocate for the respondent No.1.

This criminal appeal under the proviso of Section 372 of the Cr.P.C., 1973 is preferred being aggrieved by the judgment and acquittal dated 21.09.2021 in Session Case No.7/2019 by Second Additional Sessions Judge, Sardarpur, District Dhar whereby the respondent No.1 has been acquitted from the charges under Section 304 alternative of Section 304 A of the IPC and Section 146 r/w 196 and Section 3 r/w 181 of the Motor Vehicle Act, 1988.

In Manoj Rameshlal Chhabriya vs. Mahesh Prakash Ahuja & Anr.,2025 INSC 282, the Apex Court has laid down the parameters to be kept in mind while considering the application of grant of leave to appeal. The relevant paras 7 & 8 of the judgment are reproduced as below:-

" 7. The question as to how the application for grant of leave to appeal filed under Section 378(3) of the Cr.P.C. should be decided by the High Court and what are the parameters which the High Court should keep in mind remains no longer res integra. This issue was exami