State Of Chhattisgarh v. Kishan Kumar Manikpuri

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 33 of 2019 • State Of Chhattisgarh Through The Station House Officer, Police StationBagicha, District- Jashpur, Chhattisgarh ---- Petitioner

Versus

• Kishan Kumar Manikpuri S/o Late Samaldas Manikpuri Aged About 35 Years Caste - Panika, R/o Village- Marol, Present Address- Village- Mahadevdand, Police Station- Bagicha, District- Jashpur, Chhattisgarh ---- Respondent For Petitioner :

Shri Subhash Yadav, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 05/02/2019 Heard on application for condonation of delay in filing the application for grant of leave.

Upon due consideration of the cause shown, the application for condonation of delay is allowed.

Delay is condoned.

Also heard on application for grant of leave to appeal. Upon due consideration of submission of learned State counsel and submission regarding interpretation of Section 3 (2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989'), we are inclined to grant leave to appeal against the part of the judgment by which the respondent has been acquitted from the offence under Section 3 (2) (v) of the Act of

1989.

Accordingly, the application for grant of leave to appeal is allowed. Leave is granted.

Let the appeal filed by the State be registered as Acquittal Appeal and be listed for further orders.

The present CrMP is accordingly disposed off. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Deepti