State Of Chhattisgarh v. Anandram Khobragadhe
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 989 of 2020 • State of Chhattisgarh, through its Station House Officer, Police Station Khamtarai, District- Raipur (C.G.).
---- appellant
Versus
1. Anandram Khobragadhe, aged about 46 years, S/o Ghasiya Ram Khobragadhe;
2. Rajendra Gupta, aged about 49 years, S/o Chhote Lal Gupta;
3. Asha Gupta @ Jayanti; aged about 37 years, W/o Rajendra Gupta; Respondents No. 1 to 3 are resident of Village Ghorda, Police Station Lalbagh, Tehsil and District- Rajnandgaon (C.G.).
4. Chitrasen Sahu; aged about 50 years, S/o Dashrath Sahu, resident of village Megha, PS Magarlod, District- Dhamtari (C.G.);
5. Raju Meshram, aged about 42 years, S/o Gendlal Meshram, resident of Shanti Nagar, PS Chikhli, District- Rajnandgaon (C.G.);
6. Harish Gupta, aged about 35 years, resident of Rampur, PS Lalbhagh, Tehsil Dongargaon, District - Rajnandgaon (C.G.); ---- Respondent For Appellant : Shri K. K. Singh, Govt. Advocate Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Judgment on Board by Justice Prashant Kumar Mishra 25/08/2020 The matter is heard through Video Conferencing. 2.
Heard on IA No. 01, application, for condonation of delay of 231 days in filing the CRMP.
3.
Upon due consideration, delay of 231 days in filing the CRMP is condoned. Accordingly, the application (IA No. 01) is allowed. 4.
Also heard on application for grant of leave to appeal under Section 378(3) of Code of Criminal Procedure, 1973.
5.
By the Judgment dated 28.08.2019, passed by Additional Chief Judicial Magistrate, Raipur C.G. in S.T. No. 13899/2015, the present Respondent Nos. 1, 3, 4, 5 & 6 have been acquitted from the charges under Sections 420, 467, 468, 471 & 120B/34 of Indian Penal Code and Respondent No. 2 has been acquitted from the charges under Sections 467, 468, 471 & 120B/34 of Indian Penal Code.
6.
Having seen the evidence on record, we are inclined to grant leave to appeal. Accordingly, the CRMP No. 989 of 2020 is allowed. 7.
Let the CRMP be registered as regular acquittal appeal and the same be listed for consideration on 01.09.2020.
Sd/- Sd/- Prashant Kumar Mishra Gautam Chourdiya Judge Judge amita