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Safina Vs J. R. Thakur — Chhattisgarh HC (2025) — LawSathi Research

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Chhattisgarh HC
2025
Safina Vs J. R. ThakurSafina v. J. R. Thakur

Allowed¶27

Safina v. J. R. Thakur

Chhattisgarh HC19 Feb 2025CRMP/477/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; CRMP No. 477 of 2025; order dated 20.02.2025; Justice Narendra Kumar Vyas; leave to appeal granted; acquittal appeal registration; JMFC Baikunthpur; Cri. Case No. 09/2015; judgment dated 19.07.2023; condonation of delay; exemption from filing typed copy; petitioners Safina, Khatun Nisha, Jatun Nisha, Hakim Khan, Shahina, Aisha Parveen, Mohammad Jahir Khan; heirs of late Mohammad Hasim Khan; respondent J. R. Thakur (accused); State of Chhattisgarh, District Korea; counsel Aditya Chopda; panel lawyer Kalpesh Ruparrel; notice on process fee; listing 29.04.2025.

What did the court decide?

Leave to appeal granted to the petitioners against the judgment dated 19.07.2023 of JMFC Baikunthpur in Cri. Case No. 09/2015; exemption from filing typed copy and condonation of delay allowed; Registry directed to register the Cr.M.P. as acquittal appeal; notice to Respondent No. 1 on process fee; matter listed for 29th April, 2025.

Why is it important?

The applications for exemption from filing typed copy and for condonation of delay in filing the appeal are allowed. ¶24

What the court decided

AI extract

Outcome

Leave to appeal granted to the petitioners against the judgment dated 19.07.2023 of JMFC Baikunthpur in Cri. Case No. 09/2015; exemption from filing typed copy and condonation of delay allowed; Registry directed to register the Cr.M.P. as acquittal appeal; notice to Respondent No. 1 on process fee; matter listed for 29th April, 2025.

Issue for consideration

Whether leave to appeal should be granted to the petitioners against the judgment dated 19.07.2023 passed by the JMFC Baikunthpur in Cri. Case No. 09/2015. +1 more

Court's answer

Leave to appeal is granted and the present Cr.M.P. stands allowed.

Ratio / Principle

The applications for exemption from filing typed copy and for condonation of delay in filing the appeal are allowed.

Key takeaways

Registry is directed to register the present Cr.M.P. as an acquittal appeal, notice is to be issued to Respondent No. 1 on payment of process fee, and the matter is to be listed for further consideration on 29th April, 2025.ratio¶28

Detailed headnote1 paragraphs

Criminal Miscellaneous Permission application (CRMP No. 477 of 2025), High Court of Chhattisgarh at Bilaspur, single judge (Hon'ble Shri Justice Narendra Kumar Vyas), order dated 20.02.2025. Seven petitioners, being the widow, daughters, son and other family members of late Mohammad Hasim Khan (who died during the pendency of the appeal; minor Aisha Parveen represented through guardian Safina), sought leave to appeal against the judgment dated 19.07.2023 passed by the JMFC Baikunthpur in Cri. Case No. 09/2015, the accused being J. R. Thakur. The court allowed the applications for exemption from filing typed copy and for condonation of delay, granted leave to appeal, allowed the Cr.M.P., and directed the Registry to register it as an acquittal appeal, with notice to Respondent No. 1 on payment of process fee and the matter listed for 29th April, 2025.

A

Page 1 of 2

2025:CGHC:8827

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 477 of 2025

1 - Safina W/o Late Mohammad Hasim Khan Aged About 55 Years R/o Village- Junapara, Panchayat- Tengani, Police Station And TehsilPatna, DistrictKorea, Chhattisgarh

2 - Khatun Nisha D/o Late Mohammad Hasim Khan Aged About 40 Years W/o Gulabuddin, R/o Village Panchayat- Vikrampur, Police Station And Tehsil- Sonhat, District- Korea, Chhattisgarh

3 - Jatun Nisha D/o Late Mohammad Hasim Khan Aged About 30 Years W/o Uzaifa Khan, R/o Village Panchayat- Bandha, Police Station And Tehsil- Lakhanpur, District- Sarguja, Chhattisgarh

4 - Hakim Khan S/o Late Mohammad Hasim Khan Aged About 25 Years R/o Village- Junapara, Panchayat- Tengani, Police Station And TehsilPatna, DistrictKorea, Chhattisgarh

5 - Shahina D/o Late Mohammad Hasim Khan Aged About 23 Years W/o Saddam Husain, R/o Village Panchayat- Kotal, PostUmeshwarpur, Police Station And Tehsil - Premnagar, DistrictSurajpur, Chhattisgarh

6 - Aisha Parveen D/o Late Mohammad Hasim Khan Aged About 16 Years Through Legal Guardian Safina W/o Late Mohammad Hasim Khan, Through R/o.- Village - Junapara, Panchayat- Tengani, Police Station And Tehsil- Patna, District- Korea, Chhattisgarh (Mohammad Hasim Khan Died During The Pendency Of The Appeal)

Digitally signed by KISHORE KISHORE KUMAR KUMAR DESHMUKH DESHMUKH Date: 2025.02.21 10:53:01 +0530

7 - Mohammad Jahir Khan S/o Rahimuddin Aged About 56 Years R/o Village - Tengani, Police Station - Patna, District- Korea, Chhattisgarh.

... Petitioner(s)

versus

1 - J. R. Thakur S/o Shri Devnath Thakur Aged About 69 Years R/o - 25 B Avadhpuri Risali, Bhilai, District- Durg, Chhattisgarh (Accused)

Page 2 of 2

2 - The State Of Chhattisgarh Through District- Magistrate, DistrictKorea (C.G.)

---- Respondent

For Petitioners : Mr. Aditya Chopda, Advocate For State : Mr. Kalpesh Ruparrel, Panel Lawyer

Hon'ble Shri Justice Narendra Kumar Vyas

Order On Board

20.02.2025

On due consideration, the application filed by the petitioners seeking exemption from filing typed copy and application for condonation of delay in filing the appeal are allowed.

Heard on admission.

The present Cr.M.P. has been preferred by the petitioners seeking leave to appeal against the judgment dated 19.07.2023 passed by the JMFC Baikunthpur in Cri. Case No. 09/2015.

On due consideration, leave to appeal is granted. Accordingly, the present Cr.M.P. stands allowed.

Registry is directed to register the present Cr.M.P. as acquittal appeal.

Let notice be issued to the Respondent No. 1 on payment of process fee by ordinary and registered mode after registration of acquittal appeal.

7. The matter be listed for further consideration on 29^th April, 2025.

Sd/(Narendra Kumar Vyas) Judge

Deshmukh

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether leave to appeal should be granted to the petitioners against the judgment dated 19.07.2023 passed by the JMFC Baikunthpur in Cri. Case No. 09/2015.¶26
The court held
Leave to appeal is granted and the present Cr.M.P. stands allowed.ratio¶27
2.
Whether the petitioners' applications for exemption from filing typed copy and for condonation of delay in filing the appeal should be allowed.¶24
The court held
The applications for exemption from filing typed copy and for condonation of delay in filing the appeal are allowed.ratio¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment dated 19.07.2023 passed by the JMFC Baikunthpur in Cri. Case No. 09/2015 (an acquittal, per direction to register the present application as acquittal appeal), against which the petitioners seek leave to appeal.¶26
JMFC Baikunthpur · 19.07.2023
Prior proceeding
Trial in Cri. Case No. 09/2015 before JMFC Baikunthpur concluded in a judgment dated 19.07.2023 which this court treats as an acquittal, directing registration of the present Cr.M.P. as an acquittal appeal.¶28
Prior proceeding
The original appellant Mohammad Hasim Khan died during the pendency of the appeal; the petitioners are his widow, children and other family members, with minor Aisha Parveen represented through guardian Safina.¶11
Prior proceeding
Petitioners had filed an application seeking exemption from filing typed copy and an application for condonation of delay in filing the appeal; both were allowed by this court.¶24

Parties & counsel

AI extract

petitioner
Safina W/o Late Mohammad Hasim Khan¶6
Aditya Chopda
petitioner
Khatun Nisha D/o Late Mohammad Hasim Khan¶7
Aditya Chopda
petitioner
Jatun Nisha D/o Late Mohammad Hasim Khan¶8
Aditya Chopda
petitioner
Hakim Khan S/o Late Mohammad Hasim Khan¶9
Aditya Chopda
petitioner
Shahina D/o Late Mohammad Hasim Khan¶10
Aditya Chopda
petitioner
Aisha Parveen D/o Late Mohammad Hasim Khan (minor, through legal guardian Safina)¶11
Aditya Chopda
petitioner
Mohammad Jahir Khan S/o Rahimuddin¶13
Aditya Chopda
respondent
J. R. Thakur (Accused)¶16
respondent
The State Of Chhattisgarh Through District Magistrate, District Korea (C.G.)¶18
Kalpesh Ruparrel

Coram

AI extract

Narendra Kumar Vyasauthor¶21

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 19 Feb 2025 · February
Registered: 4 Feb 2025
Case no.: CRMP/477/2025
CNR: CGHC010043412025
Bench: Narendra Kumar Vyas
Disposal: LEAVE GRANTED
Case type: CRMP

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Cite this judgement

Safina v. J. R. Thakur, CRMP/477/2025 (CG), decided on 19 February 2025.

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

Procedural history4

Judgment dated 19.07.2023 passed by the JMFC Baikunthpur in Cri. Case No. 09/2015 (an acquittal, per direction to register the present application as acquittal appeal), against which the petitioners seek leave to appeal.JMFC Baikunthpur · 19.07.2023
Trial in Cri. Case No. 09/2015 before JMFC Baikunthpur concluded in a judgment dated 19.07.2023 which this court treats as an acquittal, directing registration of the present Cr.M.P. as an acquittal appeal.
The original appellant Mohammad Hasim Khan died during the pendency of the appeal; the petitioners are his widow, children and other family members, with minor Aisha Parveen represented through guardian Safina.

View full history

Bench / Coram

Narendra Kumar Vyas

Parties & counsel