In this matter, the High Court of Chhattisgarth allowed the application for condonation of delay and granted leave to appeal under Section 378(4) of the Cr.P.C. under the imperative mandate that cases dismissed for default shall be regularized.
Leave to appeal granted; case directed to be registered as regular acquittal appeal.
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. 161 of 2021
Smt. B. Aruna Madhavi Versus B.v.s.n. Murthy
| 03/10/2023 | Shri Vivek Shrivastava, counsel for the petitioner. Shri U.K.S.Chandel, counsel for the respondent. Heard on I.A. No.01, application for condonation of delay in filing the appeal. For the reasons stated in the application, the same is allowed subject to cost of Rs. 1,000/- to the respondent. Also heard on the petition filed under Section 378(4) of the Cr.P.C. seeking leave to appeal. Shri Shrivastava, submits that the complaint case filed by the applicant before the learned Magistrate was dismissed on default. |
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| suguna | On due consideration, leave to appeal is allowed. The leave as prayed for is granted. Office is directed to register the case as a regular acquittal appeal. List this case thereafter. Sd/- (Sachin Singh Rajput) Judge |
1 issue framed by the court
Whether leave to appeal under Section 378(4) of the Cr.P.C. should be granted where complaint was dismissed on default.
1 provisions across 1 enactments
B. Aruna Madhavi
B.v.s.n. Murthy
Sachin Singh Rajput
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
