State Of Chhattisgarh v. Dharam Singh Yadav

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P.No.550 of 2015 State of Chhattisgarh Versus Dharam Singh Yadav 9.7.2015 Mrs.Shobha Kashyap, Dy.G.A. for the applicant/State. Heard on I.A.No.01/15 filed under Section 5 of the Limitation Act for condonation of delay occurred in filing of the appeal.

The applicant preferred this Cr.M.P. followed by acquittal appeal challenging the judgment passed by the Special Judge constituted under the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989, Baikunthpur, Distt.Korea, in Special Sessions Case No.25/2014 acquitted the accused for the charges framed against him.

By filing this Cr.M.P., special leave to appeal is prayed. For the purpose of apprehension regarding grant of special leave to appeal, material furnished is perused.

On due consideration, in the view of this Court, this is a fit case where special leave to appeal be allowed. Consequently, the instant Cr.M.P. is allowed. Registry is directed to list the matter under the head of "Acquittal Appeal". Record of the Court below be called for through usual mode and fax mode.

The applicant/State is directed to pay P.F. within seven

days. Let notice be issued to the respondent by usual mode as well as by registered mode, returnable within four weeks. The Registry shall keep track of the delivery of registered letter from the postal website, download the same and place a printed copy on record after service is complete. List the matter for hearing on motion also on I.A.No.01/15 for condonation of delay in filing acquittal appeal after receipt of service report and record of the Court below. Sd/- (Chandra Bhushan Bajpai) JUDGE Bablu