Disposed¶12

Ajay Tiwari v. Pooja Gupta

Chhattisgarh HC11 Jan 2026CRMP/72/2026

Case brief

AI extract

What is this about?

CRMP 72/2026; High Court of Chhattisgarh at Bilaspur; Ajay Tiwari v. Pooja Gupta; withdrawal of Criminal Misc. Petition; liberty to file appeal; proviso to Section 372 CrPC; Section 413 BNSS; Celestium Financial v. A. Gnanasekaran 2025 INSC 804; limitation not to be insisted upon; 60 days; Ravindra Kumar Agrawal, J.; Uttara Dewangan for petitioner; impugned order certified copy returned.

What did the court decide?

Criminal Misc. Petition disposed of as withdrawn with liberty to file an appeal under proviso to Section 372 of CrPC (413 of BNSS) within 60 days; the concerned court directed not to insist on limitation if the appeal is filed within that period. ¶12

Ajay Tiwari Vs Pooja Gupta — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Criminal Misc. Petition should be permitted to be withdrawn with liberty to the petitioner to file an appeal under the proviso to Section 372 of CrPC (413 of BNSS).

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Court's answer

The prayer for withdrawal was allowed and the Criminal Misc. Petition was disposed of as withdrawn, with liberty to file an appeal within a period of 60 days from the date of the order.

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Ratio / Principle

If such an appeal is filed before the concerned court within the time given, that court would not insist upon limitation and will proceed to decide the matter in accordance with law.

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Key takeaways

The Registry was directed to return the certified copy of the impugned order/judgment and relevant documents to the counsel for the petitioner after retaining photocopy, and the record was to be sent back forthwith to the concerned court.ratio¶14

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), CRMP No. 72 of 2026 (order sheet dated 12/01/2026, Ravindra Kumar Agrawal, J.): Acting in view of the Supreme Court decision in M/s Celestium Financial v. A. Gnanasekaran, 2025 INSC 804, the Court allowed the petitioner's counsel's prayer and disposed of the Criminal Misc. Petition as withdrawn, granting liberty to file an appeal under the proviso to Section 372 CrPC (S. 413 BNSS) before the appropriate court within 60 days. The concerned court was directed that, if the appeal is filed within the time given, it shall not insist upon limitation and shall decide the matter in accordance with law. The Registry was directed to return the certified copy of the impugned order/judgment and documents to the petitioner's counsel (retaining photocopy) and to send the record back forthwith to the concerned court. Substance, forum and date of the impugned order are not stated in this order.

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2026:CGHC:1804

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Digitally signed by ALOK ALOK SHARMA SHARMA Date:2026.01.15 17:51:00 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 72 of 2026

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1 - Ajay Tiwari S/o Late Sudhakar Tiwari Aged About 38 Years R/o Maa Kanak Medical Store, Link Road, Camp-2, Bhilai Tahsil And District Durg C.G.

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... Petitioner(s)

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versus

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1 - Pooja Gupta D/o Baijnath Gupta R/o Shop No. 529, B- Market Sector 06, Bhilai, Tahsil And District Durg C.G.

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... Respondent(s)

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Order Sheet

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12/01/2026	Ms. Uttara Dewangan, Advocate for the petitioner.
	In view of recent decision of Supreme Court in case of**M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804,**learned counsel for the petitioner prays for withdrawal of present Criminal Misc. Petition with liberty to file an Appeal under proviso to Section 372 of CrPC (413 of BNSS) before the appropriate court.
	Prayer is allowed.
	Accordingly, the present CrMP is disposed of as withdrawn with liberty to file an appeal within a period of 60 days from today

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before the appropriate court in accordance with law.
It is made clear that if such an appeal is filed before the concerned court within the time given, it would not insist upon the limitation while deciding the same and will proceed to decide the matter in accordance with law. Registry shall return the certified copy of the impugned order/judgment and relevant documents to the counsel for the petitioner after retaining photocopy of the same.
Record be sent back forthwith to the concerned court.
Sd/- (Ravindra Kumar Agrawal) Judge

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Alok

Ajay Tiwari v. Pooja Gupta

Case brief

What is this about?

What did the court decide?

Ajay Tiwari v. Pooja Gupta

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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