State Of Chhattisgarh v. Anuj Uikey And Another

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CrMP No.270 of 2016 State of Chhattisgarh Versus Anuj Uikey and anr. DB Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai 28/07/2016 Shri Vivek Sharma, G.A. for the State/applicant. This petition is barred by 259 days.

Having heard learned State Counsel on I.A.No.1/2016 for condonation of delay in preferring the CrMP, we are satisfied that the delay has been properly explained.

Consequently, I.A.No.1/2016 is allowed and the delay in filing the CrMP is condoned.

Heard learned State counsel on the question of grant of leave to appeal.

The application for leave to appeal is directed against the impugned judgment whereby non-applicant No.1 - Anuj Uikey has been acquitted of the charges under Section 363, 366, 366A of the I.P.C. and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989') and non-applicant No.2 - Pranjal Sharma has

been acquitted of the charges under Section 363, 366, 366A and 376(2)(g) of the I.P.C. and Section 3(2)(v) of the Act of 1989.

Having perused the papers filed along with the application seeking leave to appeal, we are satisfied that the prayer for leave to appeal deserves to be allowed.

Accordingly, CrMP is allowed.

Let regular acquittal appeal be registered and notices thereof be issued to the respondents on payment of P.F. as per rules.

If the respondents avoid notice and fail to appear, this Court shall take coercive steps to secure their presence.

Acquittal appeal shall be heard analogously with Cr.A.No.275/2016.

Sd/- Sd/- Judge Judge Prashant Kumar Mishra Chandra Bhushan Bajpai Anjani