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High Court Of ChhattisgarhCRMP/1852/2019dismissed

State Of Chhattisgarh v. Yugal Kishore Manjhi

2019-08-13Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Gautam Chourdiya2 pages

CRMP No. 1852 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1852 of 2019 • State of Chhattisgarh Through The Police Station Birra, District - Janjgir Champa, Chhattisgarh.

---- Applicant

Versus

1. Yugal Kishore Manjhi S/o Firturam Manjhi, Aged About 21 Years, R/o Village Katahipara Kikirda, Police Station Birra, District Janjgir Champa, Chhattisgarh.

2. Rishi Kumar Manjhi S/o Firturam Manjhi, Aged About 24 Years R/o Village Katahipara Kikirda, Police Station Birra, District Janjgir Champa, Chhattisgarh.

---- Respondents For Applicant-State :- Ms Madhunisha Singh, P.L.

Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 13/08/2019

1. Heard on I.A. No.1, application for condonation of delay in filing the present Cr.M.P. as also on admission.

2. On due consideration, delay of 16 days in filing the present

CRMP No. 1852 of 2019 Cr.M.P. is condoned. Accordingly, I. A. No.1 is allowed.

3. The trial Court has acquitted the accused of the charges under Section 436 read with Section 34 of IPC.

4. The accused persons allegedly caused simple hurt to Firteen Bai and put on fire at the residential house of Shankarlal Manjhi at about 1:30 pm on 04.11.2018.

5. All the witnesses including the complainant PW-1, Shankarlal Manjhi, and injured PW-4, Firteen Bai have turned hostile. Devendra Kumar Manjhi, son of Shankarlal Manjhi, examined as PW-2 who is an eye witness and has informed his father Shankarlal Manjhi, has also turned hostile.

6. Considering the nature and quality of the evidence available on record the present is not considered to be a fit case for grant of leave to appeal.

7. Accordingly, Cr.M.P. is dismissed.

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