Single bench order condoning the delay in filing a CRMP under Section 378(1) of Cr.P.C. The High Court granted leave to the State to prefer an appeal against the acquittal and admitted the appeal for final hearing.
Leave to file appeal granted; CRMP registered as Acquittal Appeal; appeal admitted.
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.738 of 2017
State of Chhattisgarh Versus Amit Dubey & Anr.
| 10/08/2017 | Shri Rahul Tamaskar, Panel Lawyer for the petitioner/State. |
|---|---|
| Heard on IA No. 1/2017, application for condonation of delay in filing the present CRMP. For the reasons mentioned in the application, same is allowed. Delay in filing the instant CRMP is condoned. The present petition has been filed under Section 378 (1) of the Cr.P.C., seeking leave to appeal. Considering the facts and circumstances of the case, leave as prayed for by the State is granted. Let this CRMP be registered as Acquittal Appeal. The appeal is admitted. After registration of regular appeal, issue fresh notice to the respondents on payment of process fee as per rules making the same returnable within twelve weeks. List the appeal for final hearing along with connected appeal in due course. Sd/ Sd/ |
|
| sunita | (Pritinker Diwaker) (Ram Prasanna Sharma) Judge Judge |
2 issues framed by the court
Whether the delay in filing the appeal under Section 378(1) of Cr.P.C. should be condoned.
Whether the State is entitled to leave to prefer an appeal against the acquittal of the accused.
1 provisions across 1 enactments
State of Chhattisgarh
Amit Dubey & Anr.
Sunita
Pritinker Diwaker
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
