Nilesh Chauhan v. Bharat Kumar Hotwani

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P. No. 47 of 2017 Nilesh Chauhan Versus Bharat Kumar Hotwani 14.02.2017 Shri Sameer Oraon, counsel for the petitioner. The present CrMP has been filed seeking for grant of leave to appeal against the judgment of acquittal dated 22.09.2016 by the 4th Additional Sessions Judge, Raipur in Criminal Appeal No. 182/2015 affirming the order of the ACJM, Raipur dated 23.07.2015 passed in Criminal Case No. 430/2011 whereby the respondent has been acquitted from the charge under Section 420 of IPC.

Taking into consideration the nature of evidence which has been adduced and the allegation which has been levelled, this Court is of the opinion that a strong case has been made out for grant of leave to appeal. Accordingly, the present CrMP is allowed. Leave as prayed for is granted. Registry is directed to register the CrMP as a regular Acquittal Appeal.

Heard the Acquittal Appeal on admission.

Admit.

Call for the records of the two Courts below. Issue notice to the respondent as per rule.

Let this matter be listed for final hearing in due course.

Sd/- P. Sam Koshy Judge Bhola