Ashok Kumar Sharma v. Santu Yadav Alias Santuram

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Criminal Misc. Petition No. 335 of 2016 Ashok Kumar Sharma Vs. Santu Yadav alias Santuram 25/10/2016 Mr. Jitendra Gupta, Advocate, for the Petitioner. Report of the Registry shows that the ordinary notice issued to the Respondent has been served, but there is no representation on behalf of the Respondent today before this Court.

Heard the application for grant of leave to appeal under Section 378 (4) CrPC.

After hearing the learned Counsel for the Petitioner, since he has raised certain arguable points assailing the order wherein the complaint preferred by the Petitioner has got rejected for want of prosecution on account of his absence before the Court below on one of the date of hearings, the present petition is allowed.

Accordingly, leave to appeal as prayed for is granted.

Registry is directed to register the instant case as a regular Acquittal Appeal.

Heard appeal.

The appeal is admitted for hearing.

Let fresh notice be issued to the Respondent on payment of process fee by ordinary as well as registered posts.

List this case for further hearing immediately after the Respondent is served.

Sd/- (P. Sam Koshy) JUDGE Sharad