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State Of Chhattisgarh Vs Rohit Yadav — Motor Accident Claims | Chhattisgarh HC (2025)

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Chhattisgarh HC
2025
State Of Chhattisgarh Vs Rohit YadavState Of Chhattisgarh v. Rohit Yadav

Allowed¶¶20

State Of Chhattisgarh v. Rohit Yadav

Chhattisgarh HC15 Jun 2025CRMP/1107/2016

Case brief

AI extract

What is this about?

CRMP No. 1107 of 2016, High Court of Chhattisgarh at Bilaspur (Radhakishan Agrawal, J.), order dated 16/06/2025: State of Chhattisgarh granted leave under Section 378(3) CrPC to file acquittal appeal against judgment of acquittal dated 10.09.2015 by Special Judge (NDPS Act), Jashpur, in Special Criminal Case No.01/2014; respondents Rohit Yadav, Sukhsagar Das and Pinky Nayak acquitted under Section 20(b)(ii)(B) NDPS Act (and Rohit Yadav additionally under Sections 3/181, 146/196 & 39/192 Motor Vehicles Act); petition admitted as arguable, allowed, and ordered to be registered as regular Acquittal Appeal; no notice to respondents as already represented by counsel.

What did the court decide?

Leave granted to the petitioner/State to file appeal against the respondents; CRMP to be registered as a regular Acquittal Appeal and trial court record called for.

Why is it important?

The petition was found arguable and was admitted for consideration. ¶¶16

What the court decided

AI extract

Outcome

Leave granted to the petitioner/State to file appeal against the respondents; CRMP to be registered as a regular Acquittal Appeal and trial court record called for.

Issue for consideration

Whether the petitioner/State should be granted leave to appeal under Section 378(3) of the Code of Criminal Procedure against the judgment of acquittal dated 10.09.2015 passed by the Special Judge under the N.D.P.S. Act, Jashpur, in Special Criminal Case No.01/2014.

Court's answer

The petition was found arguable and was admitted for consideration.

Ratio / Principle

On due consideration of the submissions of learned counsel for the petitioner/State, the CRMP was allowed and the petitioner/State was granted leave to file appeal against the respondents.

Key takeaways

The CRMP was directed to be registered as a regular Acquittal Appeal.ratio¶¶21
Upon registration of the regular appeal, no notice need be issued to the respondents as they are already represented by their respective counsels.ratio¶¶23

Detailed headnote1 paragraphs

Leave to appeal under Section 378(3) CrPC — NDPS acquittal: The High Court of Chhattisgarh, admitting the State's petition as arguable, allowed CRMP No. 1107 of 2016 and granted the State of Chhattisgarh leave to file an appeal against the acquittal dated 10.09.2015 passed by the Special Judge under the N.D.P.S. Act, Jashpur, in Special Criminal Case No.01/2014, whereby respondent No.1 Rohit Yadav was acquitted of the charge under Section 20(b)(ii)(B) of the NDPS Act, 1985 and of the charges under Sections 3/181, 146/196 & 39/192 of the Motor Vehicles Act, and respondents No.2 & 3 (Sukhsagar Das and Pinky Nayak) were acquitted of the charge under Section 20(b)(ii)(B) of the Act of 1985. The CRMP was ordered to be registered as a regular Acquittal Appeal, the trial court record called for, and no notice directed to the respondents as they were already represented by counsel.

A

1

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 1107 of 2016

State Of Chhattisgarh Through The District Magistrate, District Jashpur, Chhattisgarh. ... Appellant

versus

1 - Rohit Yadav S/o Bheemsen Yadav Aged About 30 Years Village Jamjhor, Outpost Kotba, Police Station Bagbahar, District Jashpur, Chhattisgarh.,

Digitally signed by ANJANI KUMAR ALLENA Date: 2025.06.17 17:51:25 +0530

2 - Sukhsagar Das S/o Chandrashekhar Das Aged About 31 Years Ranpur, Police Station Narayanpur, District Jashpur, Chhattisgarh.,

3 - Pinky Nayak S/o Lakhan Nayak Aged About 35 Years Police Station Talcher, District Angul, Orissa. ... Respondents

For Petitioner/Appellant : Ms. Pragya Pandey, Deputy Government Advocate. For Respondents 1 & 3 : Shri Raj Bahadur Singh, Advocate. For Respondent 2 : Shri Harish Khuntiya, Advocate.

(HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL)

Order on Board

16/06/2025

Heard on admission.

Petition being arguable is admitted for consideration.

By this petition, the petitioner/State sought leave of this Court to appeal under Section 378 (3) of the Code of Criminal Procedure against the judgment of acquittal dated 10.09.2015 passed by the Special Judge under N.D.P.S. Act, Jashpur C.G. in Special Criminal Case No.01/2014 by which, the respondent No.1 Rohit was acquitted of the charge under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act of 1985) and also of the charge under Sections 3/181, 146/196 & 39/192 of the Motor Vehicles Act whereas respondents No. 2 & 3 – Sukhsagar and Pinky Nayak were acquitted of the charge

2

under Section 20 (b) (ii) (B) of the Act of 1985 by the Special Court.

On due consideration of the submissions of the learned counsel for the petitioner/State the present CRMP is allowed and the petitioner/State is granted leave to file appeal against the Respondents.

Let this CRMP be registered as regular Acquittal Appeal.

Record of the concerned Courts be called for.

After registration of regular appeal, no notice need be issued to the respondents as they are already represented by their respective counsels.

List the Acquittal Appeal after receipt of record.

In view of above, the present CRMP stands disposed of.

Sd/-

(Radhakishan Agrawal)

JUDGE

Anjani

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner/State should be granted leave to appeal under Section 378(3) of the Code of Criminal Procedure against the judgment of acquittal dated 10.09.2015 passed by the Special Judge under the N.D.P.S. Act, Jashpur, in Special Criminal Case No.01/2014.¶¶17
The court held
The petition was found arguable and was admitted for consideration.ratio¶¶16

Statutes considered

6 provisions across 3 enactments

AI extract

Code of Criminal ProcedureSection 378(3)¶¶17
Narcotic Drugs and Psychotropic Substances Act, 1985Section 20(b)(ii)(B)¶¶17 Section 20(b)(ii)(B)¶¶19
Motor Vehicles ActSection 3/181¶¶17 Section 146/196¶¶17 Section 39/192¶¶17

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment of acquittal dated 10.09.2015 whereby respondent No.1 Rohit was acquitted of the charge under Section 20(b)(ii)(B) of the NDPS Act, 1985 and of the charge under Sections 3/181, 146/196 & 39/192 of the Motor Vehicles Act, and respondents No.2 & 3 were acquitted of the charge under Section 20(b)(ii)(B) of the Act of 1985.¶¶17
Special Judge under N.D.P.S. Act, Jashpur C.G. · 10.09.2015
Prior proceeding
Trial in Special Criminal Case No.01/2014 before the Special Judge under the N.D.P.S. Act, Jashpur C.G., culminating in the acquittal of all three respondents.¶¶17

Parties & counsel

AI extract

appellant
State Of Chhattisgarh Through The District Magistrate, District Jashpur, Chhattisgarh.¶¶5
Ms. Pragya Pandey, Deputy Government Advocate
respondent
Rohit Yadav S/o Bheemsen Yadav Aged About 30 Years Village Jamjhor, Outpost Kotba, Police Station Bagbahar, District Jashpur, Chhattisgarh.¶¶7
Shri Raj Bahadur Singh, Advocate
respondent
Sukhsagar Das S/o Chandrashekhar Das Aged About 31 Years Ranpur, Police Station Narayanpur, District Jashpur, Chhattisgarh.¶¶9
Shri Harish Khuntiya, Advocate
respondent
Pinky Nayak S/o Lakhan Nayak Aged About 35 Years Police Station Talcher, District Angul, Orissa.¶¶10
Shri Raj Bahadur Singh, Advocate

Coram

AI extract

Radhakishan Agrawalauthor¶¶12

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 15 Jun 2025 · June
Registered: 30 Sept 2016
Case no.: CRMP/1107/2016
CNR: CGHC010030492016
Topic: Motor Accident Claims
Bench: Radhakishan Agrawal
Disposal: DISPOSED OFF
Case type: CRMP

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Cite this judgement

State Of Chhattisgarh v. Rohit Yadav, CRMP/1107/2016 (CG), decided on 15 June 2025.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes6

Code of Criminal ProcedureSection 378(3)
Narcotic Drugs and Psychotropic Substances Act, 1985Section 20(b)(ii)(B) · Section 20(b)(ii)(B)
Motor Vehicles ActSection 3/181 · Section 146/196 · Section 39/192

View all statutes

Procedural history2

Judgment of acquittal dated 10.09.2015 whereby respondent No.1 Rohit was acquitted of the charge under Section 20(b)(ii)(B) of the NDPS Act, 1985 and of the charge under Sections 3/181, 146/196 & 39/192 of the Motor Vehicles Act, and respondents No.2 & 3 were acquitted of the charge under Section 20(b)(ii)(B) of the Act of 1985.Special Judge under N.D.P.S. Act, Jashpur C.G. · 10.09.2015
Trial in Special Criminal Case No.01/2014 before the Special Judge under the N.D.P.S. Act, Jashpur C.G., culminating in the acquittal of all three respondents.

View full history

Bench / Coram

Radhakishan Agrawal

Parties & counsel