Complainant sought leave to appeal against acquittal of her husband in a complaint case under Sections 406 and 34 IPC. The court found the case fit for appeal, granted leave, and directed registration of the acquittal appeal.
Leave to appeal granted; Registry directed to register the acquittal appeal and list it.
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2024:CGHC:32536
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1224 of 2023
For Petitioner : Mr. Ratnesh Agrawal, Advocate For Respondent : Mr. Vikas Shrivastava, Advocate ---------------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board
27.08.2024
1. Heard on application for grant of leave to appeal under Section 378 (4) of the Code of Criminal Procedure, 1973.
2. Petitioner/complainant has preferred this petition seeking permission to file acquittal appeal against the judgment dated 10.05.2023 passed in Complaint Case No.14510/2002 by which learned Additional Chief Judicial Magistrate, Raipur, (CG) acquitted the respondent/accused from the charge punishable under Sections 406, 34 of the Indian Penal Code.
3. Learned counsel for the respondent opposes the prayer made by learned counsel for the petitioner.
4. Perused the impugned judgment as well as other material/evidence available on record. This Court is satisfied that present is a fit case where leave to appeal should be granted.
5. Accordingly, the CRMP is allowed. Leave to appeal is granted.
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6. Registry is directed to register the Acquittal Appeal and list it thereafter.
7. Since, Mr. Vikas Shrivastava, Advocate is appeared on behalf of the respondent, therefore, process fee is not required to be paid for issuance of notice to respondent after registration of acquittal appeal.
8. Registry is directed to publish name of Mr. Vikas Shrivastava, Advocate as counsel for the respondent in the cause list.
Sd/-
(Arvind Kumar Verma) Judge
J/-
1 issue framed by the court
Whether leave to appeal should be granted to the complainant against the acquittal of the accused under Sections 406, 34 IPC.
2 provisions across 2 enactments
Smt. P. Kavita Murti (Now Smt. Kavita Sandhu)
P. Venkatraman Murti
Arvind Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
