State Of Chhattisgarh v. Ghanshyam Chakradhari

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P. No. 655 of 2015 State of Chhattisgarh Versus Ghanshyam Chakradhari 29/07/2015 Shri Chitranjay Patel, Government Advocate for the Petitioner/ State.

The instant Cr.M.P. has been filed after 34 days of its limitation. In this regard, I.A. No. 1 of 2015, an application under Section 5 of the Limitation Act for condonation of delay has been filed on behalf of the Appellant.

On due consideration, I.A. No.1 of 2015 is allowed and the delay is condoned.

Heard on admission.

The instant Cr.M.P. along with acquittal appeal has been filed against the judgment passed by the Judicial Magistrate Second Class, Raipur, Chhattisgarh vide judgment dated 3.2.2015 in Criminal Case No. 3981 of 2012 whereby and whereunder learned trial Court acquitted the Respondent for offence under Sections 279 and 338 of IPC.

Perused the impugned judgment, the statements of witnesses and other documents annexed with Cr.M.P. followed by the acquittal appeal.

On due consideration, this is a fit case where the leave to appeal should be granted.

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

Registry is directed to list the matter under the heading of acquittal appeal.

Let notice be issued to the Respondent regarding his representation before this Court through usual and registered mode returnable within four weeks. The Appellant is directed to pay process fee within seven days from today.

Registry is directed to call for the records of Court below through usual and fax mode.

Registry is directed to list the matter for further hearing after service of notice on the Respondent and the lower Court records are received.

Sd/- (Chandra Bhushan Bajpai) Judge Nimmi