State Of Chhattisgarh v. Ku. Reena Nikunj

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 146 of 2019 • State Of Chhattisgarh Through Police Station Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. Ku. Reena Nikunj, D/o Shri Madanlal Nikunj, Aged About 21 Years,

2. Ku. Neetu Nikunj, D/o Shri Madanlal Nikunj, Aged About 19 Years, Both R/o Chandani Chowk, Ambikapur, Police Station Ambikapur, Disrtict- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For State/Petitioner :

Shri Subhash Kumar Yadav, Dy. G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board by Hon'ble Shri Justice Manindra Mohan Shrivastava 28.03.2019 1.

Heard on application for condonation of delay in filing appeal. 2.

Upon due consideration, the application is allowed. 3.

Delay is condoned.

4.

Also, heard on application for grant of leave to appeal. 5.

Taking into consideration the submission of learned counsel for the State, that the learned trial Court has acquitted the respondents, though the prosecution has proved the incident by producing eye witnesses and there is an evidence of oral dying declaration also, we are inclined to grant leave to appeal. 6.

Accordingly, the CRMP is allowed and the case be registered as an acquittal appeal and be listed for further orders.

7.

CRMP is disposed off.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge yasmin