State Of Chhattisgarh v. Kripalram Kaser
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 257 of 2019 • State Of Chhattisgarh Through Its Station House Officer, Police Station Dharsiwa, District Raipur Chhattisgarh ---- Petitioner
Versus
1. Kripalram Kaser S/o Javahir Kaser Aged About 50 Years R/o Turiyapara Manpur, P.S. Surajpur, District Surajpur Chhattisgarh
2. Smt. Aarti Soni W/o Madan Soni Aged About 50 Years R/o Mishra Gali, Surajpur Ward No. 1, P.S. Surajpur, District Surajpur Chhattisgarh
3. Vikas Soni S/o Madan Soni Aged About 22 Years R/o Mishra Gali, Surajpur, Ward No. 1, P.S. Surajpur, District Surajpur Chhattisgarh. Present Address Jena Talab, Ambikapur, District Surguja Chhattisgarh
4. Smt. Sonam Lakda, W/o Vikas Soni, Aged About 20 Years R/o Mishra Gali, Surajpur Ward No. 1, P.S. Surajpur, District Surajpur Chhattisgarh. Present At Jena Talab, Ambikapur District Surguja Chhattisgarh ---- Respondents For Petitioner :
Shri Anand Verma, Dy.G.A.
Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 01/03/2019 Heard on I.A.No.1/19, application for condonation of delay in filing appeal. Upon due consideration, the application is allowed. Delay is condoned.
Heard on prayer for grant of leave to appeal. After hearing learned State counsel and the material on record, particularly the contents of the first report in writing, we are inclined to grant leave to appeal. The application for grant of leave to appeal is allowed.
Leave is granted only against acquittal of appellants - Kripalram Kaser and Vikas Soni. As far as acquittal of Smt. Aarti Soni and Smt. Sonam Lakda is concerned, we do not find any patent illegality or perversity in the order of the learned Trial Court in acquitting of the charges of commission of offence under Section 498-A of IPC. Leave application in respect of those acquitted accused i.e. Smt. Aarti Soni and Smt. Sonam Lakda is therefore, rejected. Let the appeal filed by the State against Kripalram Kaser and Vikas Soni be registered as acquittal appeal and be listed for further orders. The present CrMP is accordingly disposed off. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Deepti