State Of Chhattisgarh v. Mojahid Ansari

Cr.M.P. No.2189 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2189 of 2019 • State of Chhattisgarh, Through its Station House Officer, Police Station Ramanujganj, Police Outpost Vijaynagar, District Balramjanjgir Ramnujganj Chhattisgarh.

---- Petitioner

Versus

• Mojahid Ansari, S/o Mohammad Israil Ansari, aged about 27 Years, Occupation Labour, Resident Of Village Vijaynagar, Khajurpara, Police Outpost Vijaynagar, Police Station Ramanujganj, District Balrampur Ramanujganj Chhattisgarh.

---- Respondent For Petitioner Mrs. Fouzia Mirza, Additional A.G.

For Respondent None.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order on Board by Shri Prashant Kumar Mishra J. 30/09/2019

1. Heard on I.A. No.1 of 2019.

2. This is an application for condonation of delay in filing the Cr.M.P.

3. On due consideration, delay of 66 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No.1 of 2019 is allowed.

4. The trial Court has acquitted the accused/respondent of the charge under Section 376 (2)(n) & 417 of IPC vide judgment dated 08.04.2019 passed by the Additional Sessions Judge, Ramanujganj, District Balrampur- Ramanujganj, C.G. in ST No. R 11/18.

5. In her deposition, the prosecutrix would state that she was in love with the accused and the report was lodged because it became known to

Cr.M.P. No.2189 of 2019 the villagers that she has an affair with the accused. She also says that they have entered into a settlement out of the Court. The prosecutrix is a widow aged about 30 years.

6. Considering the nature and quality of evidence, we are not inclined to allow the application for leave to appeal.

7. Accordingly, the Cr.M.P. deserves to be and is hereby dismissed. Sd/- Sd/- Prashant Kumar Mishra Gautam Chourdiya Judge Judge Akhilesh