Manoj Jaisawal Vs Makbul Khan — Chhattisgarh HC (2025) — LawSathi Research

Manoj Jaisawal Vs Makbul Khan — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of with liberty reserved to the appellant to file an appeal within 60 days from receipt of a copy of this order before the appropriate Court; the concerned Court to decide such appeal without insisting on limitation if filed within the time granted; Registry directed to return the certified copy of the impugned judgment and relevant documents to counsel for the appellant (retaining photocopy) and to send back the record to the concerned Court.

Issue for consideration

Whether the appellant may be permitted to withdraw this acquittal appeal with liberty to prefer a fresh appeal before the concerned Sessions Court under the proviso to Section 372 Cr.P.C. (corresponding to Section 413 of the BNSS, 2023), in view of the Supreme Court decision in Celestium Financial.

Court's answer

In view of the law laid down in Celestium Financial (supra), the acquittal appeal is disposed of, reserving liberty in favour of the appellant to file an appeal within a period of 60 days from the date of receipt of a copy of this order before the appropriate Court, in accordance with law.

Ratio / Principle

If such an appeal is filed before the concerned Court within the time given by this Court, that Court shall not insist upon the limitation while deciding the same and shall proceed to decide it in accordance with law.

Detailed headnote1 paragraphs

Acquittal appeal under Section 378(4) CrPC (ACQA No. 507 of 2024) against acquittal of the respondent of the offence under Section 295 IPC by the JMFC, Ambikapur (Complaint Case No. 604 of 2012, judgment dated 13.09.2018). Following the Supreme Court decision in Celestium Financial (2025 INSC 804), the appeal was disposed of with liberty to the appellant to withdraw it and file a fresh appeal within 60 days before the appropriate Court under the proviso to Section 372 Cr.P.C. (corresponding to Section 413, BNSS 2023); the concerned Court was directed not to insist on limitation if the appeal was filed within the time granted.

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Digitally signed by ALLENA ALLENA ANNAJEE ANNAJEE RAODate: RAO 2025.10.09 17:47:30 +0530

2025:CGHC:50203

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 507 of 2024

Manoj Jaisawal S/o Sitaram Jaisawal Aged About 35 Years R/o Udaypur, Police Station Udaypur District Surajpur C.G. ... Appellant

versus

Makbul Khan S/o Late Abdul Rasid Khan Aged About 65 Years Ret. Sub Inspector, R/o Quarter No. Mig 29-C1, C2 Colony Police Station And District Korba C.G. ...

Respondent

For the appellant : Mr. Aman Kesharwani, Advocate. For the respondent : ……...

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

08.10.2025

1. This acquittal appeal u/s 378(4) of CrPC has been filed against the judgment dated 13.09.2018 passed in Complaint Case No. 604 of 2012 whereby the learned Judicial Magistrate First Class, Ambikapur (C.G.) after examination of respondent/accused u/s 313 of CrPC acquitted him of the offence under Section 295 of IPC.

2. At the outset, learned counsel for the appellant submits that in view of the decision of the Supreme Court rendered in M/s. Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Learned counsel for the appellant further submits that the Supreme Court in the said case has reserved the liberty in favour of the

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petitioner therein to prefer an appeal, therefore, in the instant case also the appellant may be permitted to withdraw this appeal with liberty to prefer an appeal before the concerned Sessions Court under the proviso to Section 372 Cr.P.C., corresponding to section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023.

3. Having considered the submission made by learned counsel for the petitioner and in view of the law laid down in case of Celestium Financial (supra), this Appeal is disposed of reserving liberty in favour of the appellant to file an appeal within a period of 60 days from the date of receipt of a copy this order before the appropriate Court, in accordance with law. It is further made clear that if such an appeal is filed before the concerned Court within the time given by this Court, it would not insist upon the limitation while deciding the same and will proceed to decide the same in accordance with law.

4. Registry shall return the certified copy of the impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same.

5. Registry shall send back the record to the concerned Court.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Rao