The High Court of Chhattisgarh condensed delay in filing the petition under Section 378(4) Cr.P.C. It allowed the leave to appeal against the impugned judgment and directed registration of the case as a regular acquittal appeal.
Leave to appeal allowed; delay in filing condoned; case registered as regular appeal under 'Acquittal Appeal' head.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet Cr.M.P. No. 516 of 2020
Heera Bai Versus Girish Lahanuji Kotrange
| 12.04.2022 | Shri Kalpesh Ruparel, counsel for the Petitioner. |
|---|---|
| None for the Respondent, though served. Heard on I.A. No.01/2020, an application for condonation of delay in filing this petition. On due consideration and for the reasons assigned therein, which is duly supported by an affidavit, I am inclined to allow the same. The said application is accordingly allowed and delay in filing this petition is hereby condoned. I.A. No.01/2020, thus, stands disposed of. The present petition has been filed under Section 378(4) of the Cr.P.C. seeking leave to appeal against the judgment dated 26.08.2019 passed in Complaint Case No.566/2014 by learned Judicial Magistrate First Class, Ambagarh Chowki, District Rajnandgaon (C.G.). After examining the aforesaid judgment impugned, I am inclined to allow this petition. The petition is accordingly allowed and disposed of. Registry is directed to register the case as a regular appeal under the head “Acquittal Appeal” and list the matter thereafter for its admission. Sd/- (Sanjay S. Agrawal) Judge |
Nikita
2 issues framed by the court
Whether leave to appeal under Section 378(4) of the Cr.P.C. should be granted against the impugned acquittal judgment.
Whether the delay in filing the petition should be condoned.
1 provisions across 1 enactments
Heera Bai
Girish Lahanuji Kotrange
Sanjay S. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
