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High Court Of ChhattisgarhCRMP/133/2020rejected

State Of Chhattisgarh v. Manoj Kumar Ogre

2021-03-02Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 133 of 2020 • State Of Chhattisgarh Through Police Station Pamgarh, District Janjgir Champa Chhattisgarh.

---- Petitioner

Versus

1. Manoj Kumar Ogre S/o Shri Ram Ji Ogre Aged About 34 Years R/o Pamgarh Block Colony, Police Station Pamgarh, District Janjgir Champa Chhattisgarh.

2. Amrika Bai W/o Ramji Ogre Aged About 60 Years R/o Pamgarh Block Colony, Police Station Pamgarh, District Janjgir Champa Chhattisgarh.

---- Respondents • Mr. K.K. Singh, GA for the State.

D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

02.03.2021 Heard on IA No. 1 - application for condonation of delay in filing of application as also on prayer for grant of leave to appeal. Even if we are inclined to condone the delay, we do not find any merit in the case, because the prosecution itself has come out with a dying declaration of the deceased in which the deceased declared that her cloths caught fire due to an accident and despite being specifically asked she has involved anybody. As against this the prosecution evidence of she being subjected to cruelty based on statements of the prosecution witnesses have been disbelieved. Therefore, no case is made out. We do not consider present to be a fit case for grant of leave to appeal. Accordingly, application is rejected.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Pawan