The State Of Chhattisgarh v. Sandeep And ANR.

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No . 560 of 2015 The State of Chhattisgarh Vs. Sandeep & Anr. 17/08/2015 Ms. Shobha Kashyap, Dy. Government Advocate for the Petitioner/State.

Registry has pointed out the default.

On due consideration, the default pointed out by the Registry is overruled.

Heard on admission.

The instant Cr.M.P. followed by Acquittal Appeal under Section 378 (3) Cr.P.C. has been preferred as the Respondents have been acquitted of the charges framed against them by granting benefit of doubt by the Judicial Magistrate Second Class, Rajnandgaon in CIS 1156/13 vide judgment dated 30.01.2015.

The Cr.M.P. has been preferred after 52 days of its limitation.

Heard on I.A.No.1/2015 for condonation of delay.

For the reasons mentioned in the interim application, the same is allowed. Delay in filing the Cr.M.P. followed by Acquittal Appeal is hereby

condoned.

Perused the evidence.

Considering the facts and circumstances of the case, I am of the opinion that present is a fit case where Leave to Appeal be granted.

Consequently, instant Cr.M.P. is allowed.

Registry is directed to register the case under the head 'Acquittal Appeal'.

Call for the Records of the Court below through usual and fax mode.

The Appellant is directed to pay PF within 7 days.

Issue notice to the Respondents through usual and registered mode, returnable within 4 weeks for their representation in the matter.

List the Acquittal Appeal for further hearing immediately after completion of service on the Respondents and record is available.

Sd/ (Chandra Bhushan Bajpai) Judge sunita