Sachin Gorakh v. Ramesh Kumar Yadav

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr. M. P. No. 313 of 2012 Sachin Gorakh Vs. Ramesh Kumar Yadav 23.11.2017 Mr. C.J.K. Rao, counsel for the petitioner.

No representation is made on behalf of the respondent despite service of notice.

Heard on I.A.No.1/2012 for condonation of delay. A perusal of the application would show that the reasons have been assigned that the complaint was dismissed on 31.1.2011, thereafter the review was filed which was dismissed on 16.3.2011. Thereafter the appeal was preferred before the Additional Sessions Judge which was also dismissed on 21.10.2011. Subsequently, the said order was subject of challenge before the High Court but the same was dismissed as withdrawn on 02.03.2012 with liberty to file appeal. It appears that the complainant has availed remedy in the wrong forum and the delay has been explained. Considering the reasons stated in the application, the delay of 382 days in filing the appeal is condoned. I.A.No.1/2012 is allowed.

Heard on application for grant of leave to appeal. On due consideration of the grounds mentioned in the application, leave to appeal is granted.

Accordingly, Cr.M.P., No.313 of 2012 is allowed. Registry is directed to list the case as acquittal appeal.

List the matter after two weeks.

Sd/- GOUTAM BHADURI JUDGE Rao