The State Of Chhattisgarh v. Ashok Choudhary

CRMP No. 2123 of 2018 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2123 of 2018 • The State Of Chhattisgarh Through Police Station Saraipali, District Mahasamund Chahttisgarh.

---- Applicant

Versus

1. Ashok Choudhary S/o Babulal Choudhary Aged About 41 Years R/o Village -Umaria, Police Station - Saraipali, District -Mahasamund Chhattisgarh.

2. Jogsai Patel S/o Shyam Lal Patel Aged About 37 Years R/o Village -Umariya, Police Station - Saraipali, District -Mahasamund Chhattisgarh.

---- Respondents For Applicant-State :- Shri Pawan Kesharwani, PL For Respondent No.1 :- Shri Gurudev I. Sharan, Advocate For Respondent No.2 :- Shri Sangeet Kumar Kushwaha, Advocate Hon'ble Shri Justice Prashant Kumar Mishra & Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

14/01/2020

1. On due consideration delay of 15 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01/2018, application for condonation of delay in filing of the Cr.M.P. is allowed.

CRMP No. 2123 of 2018

2. The trial Court has acquitted the accused persons of the charges under Section 302/34 of the I.P.C.

3. Having seen the statement of eye-witnesses PW-2 Saudagar Yadav, PW-10 Markand Das and PW-16 Chetram, we are inclined to grant leave to appeal against acquittal.

4. Accordingly, the Cr.M.P. deserves to be and is allowed.

5. Let regular Acquittal Appeal be registered.

6. Shri Gurudev I. Sharan, Advocate has already entered appearance for respondent No.1 and Shri Sangeet Kumar Kushwaha, Advocate has already entered appearance for respondent No.2, therefore, fresh notice in Acquittal Appeal is not required.

7. Acquittal appeal is admitted for hearing.

8. Record of the trial Court be summoned.

9. Paper book be prepared in the Acquittal Appeal and the same be posted for final hearing in due course. SD/- SD/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ayushi