Chhattisgarh High Court allowed a Criminal Revisional Motion Petition (CRMP) and granted leave to prefer an acquittal appeal under Section 378 CrPC, despite prior condonation of delay.
The CRMP is allowed and leave to appeal is granted; the matter is directed to be registered as an acquittal appeal and listed for hearing on motion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRMP No.1130 of 2015
Sardar Jitendra Pal Singh Arora Versus Mohan Pandey
| 16/09/2016 | Shri R.K. Pali under the authority of Shri Sudeep Agrawal, Advocate for the applicant/appellant. Shri Salim Kazi, Advocate for the respondent. Delay in filing the instant CRMP followed by acquittal appeal has been condoned vide order dated 22.08.2016. Heard on instant CRMP, leave to appeal. The applicant/appellant has preferred the instant CRMP followed by acquittal appeal under Section 378 of Cr.P.C. 1973 (for brevity 'the Code') against the judgment dated 25.08.2015 passed by the Judicial Magistrate, First Class, Criminal Case No.3614/14 (Sardar Singh Pal Singh Vs. Mohan Pandey), whereby the Court below acquitted the respondent as the complainant failed to prove his case against the said respondent. Perused the impugned judgment and the document annexed by the applicant. On due consideration, this is a fit case where leave to appeal be granted. Consequently, instant CRMP is allowed and leave to appeal is granted. Registry is directed to register the matter under the head of acquittal appeal. u |
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Record of the Court below is available. Registry is further directed to list the matter for hearing on motion after two weeks. The CRMP stands disposed of. Sd/- (Chandra Bhushan Bajpai) Judge Nisha
Nisha Nisha
1 issue framed by the court
Whether leave to file an appeal under Section 378 of the CrPC should be granted despite a previous condonation of delay in filing a CRA.
Sardar Jitendra Pal Singh Arora
Mohan Pandey
Nisha
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
