- (1.) This D.B. Criminal Leave to Appeal has been preferred by the complainant against the judgment dated 24.12.2016 passed by the Special Judge(Dacoity Affected Area), Dholpur whereby the accused-respondents no. 2 to 6 have been acquitted of the charges for offences under Sections 148, 353/149, 307/149, 302/149 IPC and Section 9 and 11 of R.D.A Act. Respondent No. 2 has also been acquitted of charge under Section 216-A IPC and Section 5/27 and 30 of Arms Act. Moreover, Respondent No. 6 has also been acquitted of charge under Section 216-A IPC and Section 3/25 of Arms Act.
(2.) The complainant by this application filed with reference to proviso to Section 372 read with Section 378(3) Cr.P.C. has sought leave of this Court to file appeal against the aforesaid judgment and consequential reversal of findings of acquittal recorded by the trial court and for conviction of the accused-respondents.
(3.) During scrutiny of the matter, Stamp Report of the Registry made the following report: "It is within time. Defects: (1) Present D.B. Criminal Leave to Appeal has been filed against the order of acquittal of accused/respondents dated 24.12.2016 passed by Special Judge(DAA) Dholpur. As per proviso of 372 Cr.P.C., this D.B. Criminal Leave to Appeal seems not proper. (2) Status of appellant is not mentioned. (3) Court fees of Rs. 3/- is deficit on appeal." ;