The High Court of Chhattisgarh dismissed one criminal appeal as not maintainable because it arose from the same judgment as a previous appeal already filed by the same appellant against the same conviction.
Criminal Appeal No. 887 of 2008 dismissed as not maintainable.
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.
1 Cr.A. No. 883 of 2008 & Cr.A. No. 887 of 2008
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 883 of 2008
Versus
| ---- Respondent/State |
|---|
| For Appellant : |
Shri Neeraj Mehta, Advocate |
|---|---|
| For Respondent/State : | Shri Vimlesh Bajpai, Government Advocate |
And
Criminal Appeal No. 887 of 2008
Versus
| ---- Respondent/State |
|---|
| For Appellant : |
Smt. Indira Tripathi, Advocate |
|---|---|
| For Respondent/State : | Shri Vimlesh Bajpai, Government Advocate |
Hon’ble Shri Justice Gautam Chourdiya, J
Order on Board
02.09.2020
1. This appeal is heard through Video Conferencing.
2. Both the appeals i.e. Cr.A. No. 883 of 2008 and Cr.A. No. 887 of 2008 are arising out of the same judgment of conviction and order of sentence dated 22.09.2008 passed by the Special Judge, constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sessions Division, Sarguja at Ambikapur (C.G.) in Special Sessions Case No. 52/2008. Previously filed appeal i.e. Cr.A. No. 883 of 2008 has been preferred by appellant through his counsel Shri S.K. Mehta and Shri Neeraj Mehta whereas subsequent filed appeal i.e. 887 of 2008 has been preferred
2
Cr.A. No. 883 of 2008 & Cr.A. No. 887 of 2008
by appellant through his counsel Shri Awadh Tripathi and Smt. Indira Tripathi. Since two appeals against the same judgment of conviction and order of sentence is not maintainable, in the facts and circumstances of the case, the appeal i.e. 887 of 2008 is dismissed as not maintainable.
3. Post the appeal i.e. Cr.A. No. 883 of 2008 for hearing after two weeks.
Sd/-
(Gautam Chourdiya) Judge
vatti
Ram Soni
State of Chhattisgarh
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
