VIJAYLAXMI Vs. RAJEEV JAKHMOLA
HIGH COURT OF UTTARAKHAND
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Prafulla C. Pant, J. -
(1.) 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 under section 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 under section 498A, 406 IPC, and one punishable under section 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 under section 406 IPC, and one punishable under section 3/4 Dowry Prohibition Act, 1961. Also, as to the acquittal in respect of the offence punishable under section 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.;
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