Smt. Reena Mallik v. Mamta Das

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P. No. 1340 of 2016 Smt. Reena Mallik Versus Mamta Das & Anr.

23.12.2016 Shri Malay Ku. Bhaduri, counsel for the petitioner. Smt. M. Asha, P.L. for the State.

The present CrMP has been filed under section 378

(3) of Cr.P.C. seeking for grant of leave to appeal against the order dated 07.09.2016 passed by the Sessions Judge, Korba in Cr.A. No. 46/16 affirming the judgment of acquittal dated 04.04.2016 passed by the CJM, Korba in Criminal Case No. 1012/07 whereby the respondent no.1 has been acquitted from the charges under Sections 435, 294, & 506 Part-II of IPC.

Taking into consideration the statement of the eye witness Urmila Gupta (PW-8), this Court is of the opinion that a strong case has been made out for grant of leave to appeal.

Accordingly, the present CrMP is allowed. Leave as prayed for is granted. Office is directed to register the CrMP as a regular Acquittal Appeal.

Heard the Acquittal Appeal on admission.

Admit.

Call for the records of the two Courts below. Issue notice to respondent no.1 as per rule.

Let this matter be listed for final hearing in due course.

Sd/- Bhola P. Sam Koshy Judge