Allowed

State Of Chhattisgarh v. Santosh Yadav

Chhattisgarh HC29 Sept 2016CRMP/734/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a CRMP for condonation of delay in filing an acquittal appeal. The applicant satisfactorily explained a 266-day delay, granting leave under CrPC 378(3) to file the appeal and noticing the respondent.

What did the court decide?

Condonation of delay for filing CRMP and grant of leave to file an acquittal appeal under Section 378(3) of the CrPC.

State Of Chhattisgarh Vs Santosh Yadav — Criminal Trial and Appeal | Chhattisgarh HC (2016)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Order Sheet

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CRMP No. 734 of 2016

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State of Chhattisgarh Versus Santosh Yadav

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29/09/2016
Shri Chandresh Shrivastava, Panel Lawyer for the
State/applicant/appellant.
Respondent not noticed.
The matter is listed on default that the application for
condonation of payment of P.F. has not been filed, though the
P.F. is paid.
Heard on I.A.No.1/2016 under Section 5 of the
Limitation Act for condonation of delay occured in filing of
the instant Cr.M.P. followed by acquittal appeal as the instant
acquittal appeal along with Cr.M.P. has been preferred after
266 days of its limitation.
On due consideration, for the reasons mentioned in
the I.A.No.1/2016, in view of this Court, the applicant
satisfactorily explained the delay. Consequently,
I.A.No.1/2016 is hereby allowed.
Also heard on the application for grant of leave under
Section 378(3) of the Code of Criminal Procedure, 1973 (in
short 'the Code'). Also perused the judgment impugned and
copy of the charge sheet and copy of the statements of
witnesses adduced by the applicant; perused the evidence of
PW-1, the prosecutrix (name not mentioned). Co-accused
Rohit Gupta is shown as dead in the impugned judgment of
the trial Court dated 10-07-2015. Upon perusal of the
material available along with the instant Cr.M.P., this Court is
of the considered view that this is a fit case to grant leave to
file acquittal appeal. Consequently, the Cr.M.P. is hereby
allowed.

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Registry is directed to register the matter under the head of acquittal appeal. P.F. is already paid by the applicant/appellant.
Default pointed out by the Registry is hereby
overruled. Registry is directed to issue notice to the respondent through usual mode immediately, returnable within four weeks. Record of the Court below be requisitioned through usual mode and fax mode. List the matter immediately after service of notice to the respondent for admission of acquittal appeal. If the respondent failed to remain present either in person or through his counsel or willfully avoids the notice, coercive steps shall be taken under the relevant provision of Section 390 of the Code. The Cr.M.P. disposed of. Sd/- (Chandra Bhushan Bajpai) Judge

Registry is directed to register the matter under the
head of acquittal appeal.
P.F. is already paid by the applicant/appellant.

Default pointed out by the Registry is hereby

overruled.
Registry is directed to issue notice to the respondent
through usual mode immediately, returnable within four
weeks.
Record of the Court below be requisitioned through
usual mode and fax mode.
List the matter immediately after service of notice to
the respondent for admission of acquittal appeal. If the
respondent failed to remain present either in person or
through his counsel or willfully avoids the notice, coercive
steps shall be taken under the relevant provision of Section
390 of the Code.
The Cr.M.P. disposed of.
Sd/-
(Chandra Bhushan Bajpai)
Judge

¶7

Aadil

State Of Chhattisgarh v. Santosh Yadav

Case brief

What is this about?

What did the court decide?

State Of Chhattisgarh v. Santosh Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

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