Ashok Kumar Sharma v. Uttam Kumar Deshmukh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 1148 of 2016 Ashok Kumar Sharma Versus Uttam Kumar Deshmukh 19.10.2016 Mr. Sushobhit Singh, Counsel for the Petitioner. Heard on I.A. No. 1/2016 which is an application for condonation of delay in filing the present Cr.M.P. Considering the reasons assigned in the said application for condonation of delay and the same found to be satisfactory, I.A. No.1 is allowed.

The delay of 704 days in filing the Cr.M.P. is condoned.

Further, as arguable points have been mentioned by the learned Counsel for the Petitioner for assailing the judgment dated 26.07.2014 passed in Complaint Case No. 886/2011 by the Judicial Magistrate First Class, Durg, in the opinion of this Court leave to appeal deserves to be and is accordingly granted.

Consequently, present Cr.M.P. stands allowed. Registry is directed to register the case as acquittal appeal.

The appeal is admitted for hearing.

Issue notice to the Respondents on payment of process fee as per rules, meanwhile, records be also called for from the two Courts below.

The matter be listed for final hearing at the motion

stage if possible after the records are received as well as the service is complete on the Respondents. Sd/- P. Sam Koshy Judge kishore