State Of Chhattisgarh v. Ajay Kumar Nirala

CRMP No. 1689 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1689of 2019 • State Of Chhattisgarh Through Station House OfÏcer, Police Station Dabhra, District Janjgir-Champa (CG) ---- Petitioner

Versus

1. Ajay Kumar Nirala, S/o Suklal Aged about 26 years.

2. Suklal Nirala, S/o Kawaldhar, Aged about 64 years,

3. Kachrabai Nirala, W/o Suklal Aged about 58 years All are residents of Village Medhapali, Police Station Dabhra, District Jangjir-Champa (CG) ---- Respondent For Petitioner Mr. SK Mishra, Panel Lawyer DB:

Hon'ble Mr. Justice Prashant Kumar Mishra & Hon'ble Mr. Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

22/7/2019

1. Heard on IA No.1, an application for condonation of delay of 459 days in filing the CRMP.

2. On due consideration, the application is allowed and the delay is

CRMP No. 1689 of 2019 condoned.

3. Also heard on admission.

4. Despite availability of evidence of demand of dowry and commission of cruelty, the trial Court appears to be more impressed with the prosecution's failure to exhibit the merg statements of the witnesses.

5. Considering the evidence on record, we are inclined to admit this CRMP and allow the State to prefer Acquittal Appeal.

6. Accordingly, the CRMP is allowed.

7. Let regular Acquittal Appeal be registered and the same be listed for admission after 2 weeks.

Sd/- Sd/- ( Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Shyna