IN THE HIGH COURT OF JHARKHAND AT RANCHI

Acquittal Appeal No.23 of 2019

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Diwakar Pandey

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Appellant

Versus

1. The State of Jharkhand

2. Ashok Pandey

3. Sanjay Pandey

4. Shashi Bhushan Pandey

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Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant

: Mr. Kalyan Banerjee, Adv.

For the State

: A.P.P.

For the Res. Nos.2 to 3

: Mr. Sumit Prakash, Adv.

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08/Dated: 23^rd June, 2022

Learned counsel for the appellant seeks permission of this Court to

withdraw this acquittal appeal to present it before the appropriate court in

view of the judgment of Mallikarjun Kodagali (Dead) through Lrs. vs.

State of Karnataka and Others (AIR 2018 Supreme Court 5206),

wherein Hon’ble Supreme Court has held as under in para-77 :-

77. “Under the circumstances, on the basis of the plain language of the law

and also as interpreted by several High Courts and in addition the resolution of

the General Assembly of the United Nations, it is quite clear to us that a victim as

defined in Section 2(wa) of the Cr.P.C. would be entitled to file an appeal before

the Court to which an appeal ordinarily lies against the order of conviction. It

must follow from this that the appeal filed by Kodagali before the High Court was

maintainable and ought to have been considered on its own merits.”

(Emphasis Supplied).

and also the judgment of Hon’ble Supreme Court of India in the case

of Naval Kishore Mishra vs. State of Uttar Pradesh reported in AIR

ONLINE 2019 SC 418, para-14 of which reads as under:-

14. “The legal position enunciated in Mallikarjun Kodagalli (d) though

legal representatives (supra) would show that the appellant had a right to file the

appeal and infact no leave has to be sought in such a situation. Thus, the appeal

has to be dealt as a regular appeal.” (Emphasis Supplied)

Accordingly, this acquittal appeal is dismissed as withdrawn with a

liberty to the appellant to file the appeal before the appropriate court.

(Rajesh Kumar, J.)

Amar/-