High Court of Chhattisgarh disposed of Criminal Appeal No. 180 of 2022 as unnecessary because an identical appeal (CRA No. 709 of 2022) was already pending before the Court. The record was merged in the first appeal.
Criminal Appeal No. 180 of 2022 stands disposed of as unnecessary; record kept in CRA No. 709 of 2022.
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. 709 of 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 709 of 2022
Kasim Ali Mandal @ Rahul S/o Noor Husain Mandal Aged About 33 Years R/o Aguriband Bonapara, Police Station Unda, District Bankura (West Bengal).
---- Petitioner
Versus
State Of Chhattisgarh Through The Police Statiion Bagbahra, District Jashpur Chhattisgarh.
---- Respondent
AND
Criminal Appeal No. 180 of 2022
Kasim Ali Mandal Urf Rahul S/o Noor Husain Mandal Aged About 33 Years R/o Village Aguriband Bonapara Police Station Unda, District Bankura West Bangal.
---- Petitioner
Versus
State Of Chhattisgarh Through the Station House Officer, Police Station Bagbahar, District Jashpur Chhattisgarh.
---- Respondent
For Petitioner : Mr. Punit Ruparel, Advocate in Cr.A. No.709 of 2022. For Respondent/ State : Mr. Animesh Tiwari, Dy. A.G.
DB: Hon’ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 09.01.2023
Sanjay K. Agrawal, J.
1. The appellant has preferred the appeal i.e. CRA No. 709 of 2022 (Kasim Ali Mandal @ Rahul v. State of Chhattisgarh), through the counsel of his own choice Mr. Punit Ruparel, Advocate against the impugned judgment of conviction and order of sentence dated 18.11.2021, which is pending for consideration before this Court
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Cr.A. No. 709 of 2022
and another criminal appeal i.e. CRA No. 180 of 2022 (Kasim Ali Mandal Urf Rahul v. State of Chhattisgarh) has been preferred by Mr. Manoj Kumar Jaiswal, Advocate at the instance of Chhattisgarh High Court Legal-Aid Committee, against the same impugned judgment.
2. Since criminal appeal i.e. CRA No. 709 of 2022 is preferred at the instance of the appellant against the same impugned judgment of conviction and order of sentence dated 18.11.2021, which is already pending for consideration before this Court, as such, the criminal appeal i.e. CRA No. 180 of 2022 is unnecessary and accordingly, it stands disposed off. However, the record and the paper-book will be kept in Criminal Appeal No. 709 of 2022.
3. List Criminal Appeal No. 709 of 2022 as per order dated 26.4.2022.
Sd/Sd/-
(Sanjay K. Agrawal) (Rakesh Mohan Pandey) Judge Judge
Nimmi
1 issue framed by the court
Whether a second criminal appeal filed against the same impugned judgment is maintainable given that another appeal on the same matter is already pending before this Court.
Kasim Ali Mandal @ Rahul
State Of Chhattisgarh
Sanjay K. Agrawal
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
