Disposed

State Of Chhattisgarh v. Ashish Dubey @ Durga Dubey

Chhattisgarh HC17 Aug 2018CRMP/239/2018

Case brief

AI extract

What is this about?

In an interim order, the High Court of Chhattisgarh condoned the delay in filing a Criminal Miscellaneous Petition under Section 378 Cr.PC and registered it as a regular Acquittal Appeal against the acquittal of the private respondent charged with IPC Sections 363, 366, 376(2)(N) and POCSO Act Section 6.

What did the court decide?

Delay in filing the CRMP is condoned. Petition registered as a regular Acquittal Appeal.

State Of Chhattisgarh Vs Ashish Dubey @… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2018)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Order Sheet

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CRMP No. 239 of 2018

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State of Chhattisgarh Versus Ashish Dubey @ Durga Dubey

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17/08/2018 Shri Ravindra Agrawal, G. A. for the Appellant/State.
Heard on I.A. No.-01/2018, application for condonation of delay in filing the present petition. For the reasons mentioned in the application, the same is allowed and delay in filing the CRMP is condoned. Also heard on admission. The present petition has been filed under Section 378 (3) of Criminal Procedure Code assailing the impugned judgement dated 11.01.2017 passed by learned 7^thSessions Judge (FTC), Raipur (C.G.) in Special Criminal Case No. 1110/2015 acquitting the private respondent of the charges under Sections 363, 366, 376(2) (N) of Indian Penal Code and under Section 6 of Protection of Children from Sexual Offences Act, 2012. Learned counsel for the appellant/State submits that the complainant has also filed the acquittal appeal which has already been admitted by this Court. Considering the facts and circumstances of the case leave as prayed for is granted. Let this CRMP be registered as regular Acquittal Appeal. After registration of regular appeal, issue Notice to Respondent on payment of process fee as per rule making the same returnable within 12 weeks.
List this Acquittal Appeal alongwith Acquittal Appeal No.

17/08/2018
Shri Ravindra Agrawal, G. A. for the Appellant/State.

Heard on I.A. No.-01/2018, application for condonation
of delay in filing the present petition.
For the reasons mentioned in the application, the same
is allowed and delay in filing the CRMP is condoned.
Also heard on admission.
The present petition has been filed under Section 378 (3) of
Criminal Procedure Code assailing the impugned judgement dated
11.01.2017 passed by learned 7^thSessions Judge (FTC), Raipur
(C.G.) in Special Criminal Case No. 1110/2015 acquitting the
private respondent of the charges under Sections 363, 366, 376(2)
(N) of Indian Penal Code and under Section 6 of Protection of
Children from Sexual Offences Act, 2012.
Learned counsel for the appellant/State submits that the
complainant has also filed the acquittal appeal which has already
been admitted by this Court.
Considering the facts and circumstances of the case leave
as prayed for is granted.
Let this CRMP be registered as regular Acquittal Appeal.
After registration of regular appeal, issue Notice to
Respondent on payment of process fee as per rule making the
same returnable within 12 weeks.

List this Acquittal Appeal alongwith Acquittal Appeal No.

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308/2017 for final hearing in due Course. In the meanwhile, Registry to prepare paper book. Sd/Sd/(Pritinker Diwaker) (Gautam Chourdiya) Judge Judge

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amita

State Of Chhattisgarh v. Ashish Dubey @ Durga Dubey

Case brief

What is this about?

What did the court decide?

State Of Chhattisgarh v. Ashish Dubey @ Durga Dubey

Case brief

What is this about?

What did the court decide?

What the court decided

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