State Of Chhattisgarh v. Surya Kumar Sisodiya

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • State of Chhattisgarh Through The Police Station Bemetara, District Bemetara, Chhattisgarh.

---- Applicant

Versus

1. Surya Kumar Sisodiya S/o. Somnath Sisidiya Aged About 24 Years R/o. Village Jhanki, Police Station Abhanpur, District Raipur, Chhattisgarh.

2. Rahul Pardhi S/o. Neet Kumar Pardhi Aged About 19 Years.

3. Harish Pardhi S/o. Neet Kumar Pardhi Aged About 18 Years.

4. Ramayan Pardhi S/o. Parau Pardhi Aged About 25 Years. Respondents No. 2 to 4 are R/o. Village Kusmi (Bahera), Police Station & District Bemetara, Chhattisgarh. ---- Respondents For Applicant-State :- Shri K.K. Singh, G.A.

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

Order on Board By Prashant Kumar Mishra, J 27/11/2019

1. Heard.

2. The matter is posted on office note. However, the documents having been filed, we proceeded to hear the matter on admission.

3. The trial Court has acquitted the accused persons of the charges under Sections 341, 294, 506 Part II and 395 of the IPC.

4. The four accused, tried under the impugned order, and a juvenile, restrained the complainant PW-1, Vinod Kumar Dwivedi, criminally intimated him and while using filthy abusive language committed loot of Rs.6,000/- cash, two ATM cards, driving licence, two mobiles, total valued at Rs.20,900/-.

5. The FIR was lodged after 15 days of incident. PW-1, Vinod Kumar Dwivedi, has clearly stated that before the accused persons were sent for identification they were shown to him in the Police Station and he had identified them. Neither cash recovered from the accused have been put to identification nor the mobiles were identified. Tower location of the mobile set, recovered from the accused, have not been obtained to ascertain as to whether they were present in the locality where the incident had said to take place.

6. In view of the above evidence, the trial Court has rightly acquitted the accused of the charges.

7. No case for grant of leave to appeal against the acquittal is made out. Accordingly, Cr.M.P. deserves to be and is hereby dismissed.

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