1 S.B.CRIMINAL LEAVE TO APPEAL NO. 147/2007 (Smt. Saroj Vs. Smt. Susheela and Anr.) Date of order : 01/08/2007 HON'BLE MR.H.R.PANWAR, J. Mr. M.S.Panwar for the appellant. By the instant criminal leave to appeal under Section 378 Cr.P.C., the complainant appellant has challenged the judgment and order dated 23.3.2007 passed by Judicial Magistrate, (First Class) No.4, Jodhpur (for short 'the trial court' hereinafter) in Criminal Case No. 572/2003 whereby in a State case “State of Rajasthan Vs. Smt. Susheela and Anr.”, the trial court acquitted the respondents for the offences under Sections 452, 323 and 336 IPC. Before the trial court, it was a State case “ “State of Rajasthan Vs. Smt. Susheela and Anr.” and the complainant has filed the instant leave to appeal. Leave to appeal is maintainable by the State and not by the complainant if the case is instituted otherwise then on complaint. Sub-section (4) of Section 378 Cr.P.C. reads as under:- "Section 378 (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on 2 an application made to it by the complainant in this behalf, grants leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court." In view of the clear provision of sub-section (4) of Section 378 Cr.P.C., leave to appeal by complainant is not maintainable as in the instant case the case has not been instituted by the complainant. The application seeking leave to appeal to this Court is therefore, dismissed. (H.R.PANWAR),J. rp