The State Of Chhattisgarh v. Rameshwar Sahu

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No . 712 of 2015 The State of Chhattisgarh Vs. Rameshwar Sahu & Ors. S 17/08/2015 Ms. Shobha Kashyap, Dy. Government Advocate for the Petitioner/State.

The instant Cr.M.P. followed by Acquittal Appeal preferred against the judgment dated 11.2.2015 passed in Criminal Case No. 999 of 2010 by the Judicial Magistrate, First Class, Durg whereby and whereunder the Respondents have been acquitted of the charges framed against them. Registry has pointed out the default.

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

For the purposes of Leave to Appeal, the copy of judgment, evidence of the witnesses and chargesheet perused. The Cr.M.P. has been preferred after 96 days of its limitation. For condonation of the same, I.A.No.1/2015 has been filed.

For the reasons mentioned in I.A.No.1/2015, it is allowed and the delay in filing the Cr.M.P. is hereby condoned.

In the considered view of this Court, this 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 matter for further hearing immediately after completion of service on the Respondents and record is available.

Sd/ (Chandra Bhushan Bajpai) Judge sunita