- (1.) Heard learned counsel for the petitioner and learned counsel for the State.
(2.) Petitioner is aggrieved by the order dated 4.10.2012 passed by the learned Sessions Judge, Dhanbad, in Cr. Appeal No.309 of 2012, whereby the appeal filed by the petitioner against the acquittal of the accused persons, has been dismissed as non-maintainable by the Appellate Court below.
(3.) From perusal of the impugned order, it appears that the appeal was filed by the complainant petitioner in the Court below, against the Judgment of acquittal passed by Sri Kankan Pattadar, learned Judicial Magistrate, 1 st Class, Dhanbad in C.P. Case No.1246 of 2000 / T.R. No.881 of 2012, whereby the accused Bijay Kumar Poddar was acquitted of the charge under Section 420 of the IPC. Complainant, aggrieved by the Judgment of acquittal filed the appeal before the Appellate Court below under the provisions of Section 372 of the Cr.P.C., but on the basis of Sheristedar's report that the Special Leave to Appeal by the complainant in the case of acquittal lies to the High Court under Section 378(4) of the Cr.P.C., the learned Appellate Court below dismissed the appeal on the point of maintainability itself.;