Anil Khandelwal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 782 of 2016 • Anil Khandelwal S/o Late Shri Dashrath Lal Khandelwal Aged About 36 Years R/o Uslapur Road, Beside 36 City Mall, Mungeli Road, Bilaspur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Station House OfÏcer, Police Station Civil Lines, District Bilaspur Chhattisgarh.

2. Vicky @ Manohar Singh S/o Vansh Bahadur Singh Aged About 19 Years R/o Madhuban Nariyal Kothi, Police Station Kotwali, District Bilaspur Chhattisgarh.

3. Vijay Chaudhary S/o Moti Lal Chaudhary Aged About 19 Years , R/o Mannu Chowk, Tikrapara, P.S. City Kotwali, District Bilaspur Chhattisgarh.

---- Respondent For Petitioner Mr. Praveen Das, Advocate For Respondent /State Mr. Vivek Sharma, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 29/7/2016

1. Heard.

2. This is an application under Section 372 of the Code of Criminal Procedure seeking leave to appeal against the judgment of acquittal rendered by Third Additional Sessions Judge, Bilaspur, preferred by the son of the deceased.

3. It is argued that despite there being overwhelming evidence in

the form of T.I. parade duly proved by PW-6 Jai Uraon and PW-3 Vimla Devi, the trial Court has recorded perverse finding to acquit the accused persons.

4. Having seen the papers, this Court is satisfied that leave to appeal deserves to be granted.

5. Accordingly, the CRMP is allowed.

6. Let regular acquittal appeal be registered and notice thereof be sent to the respondents on payment of P.F. as per rules.

7. It is made clear that if the respondents avoid acceptance of notice, this Court shall proceed to invoke Section 390 of Cr.P.C. to secure their presence.

Sd/- Sd/- Judge Judge (Prashant Kumar Mishra) (Chandra Bhushan Bajpai) Shyna