State Of Chhattisgarh vs Sahil Singh Anchal
2021 Latest Caselaw 3170 Chatt

                                                                       NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                       CRR No. 333 of 2021

    State Of Chhattisgarh, Through - Police Station - Pachpedi, District -
     Bilaspur Chhattisgarh.

                                                                ---- Applicant

                                 Versus

  1. Sahil Singh Anchal, S/o Shri Balram Singh Anchal, Aged About 20
     Years R/o Indira Nagar Pachpedi, Police Station - Pachpedi, District -
     Bilaspur Chhattisgarh.

  2. Chandrabhan Singh Anchal, S/o Shri Dhanua Anchal, Aged About 70
     Years R/o Indira Nagar Pachpedi, Police Station - Pachpedi, District -
     Bilaspur Chhattisgarh.

  3. Smt. Dhaneshvari Bai Anchal, W/o Chandrabhan Singh Anchal, Aged
     About 60 Years R/o Indira Nagar Pachpedi, Police Station - Pachpedi,
     District - Bilaspur Chhattisgarh.

                                                          ---- Respondents

 ____________________________________________________________

     For Applicant            : Mr. Sudeep Verma, Dy. G.A.
     For Respondents          : Mr. Yogesh Kumar Chandra, Advocate.



                 Hon'ble Shri Justice Sanjay K. Agrawal and
                 Hon'ble Shri Justice Arvind Singh Chandel
                             Order on Board


Sanjay K. Agrawal , J.

16.11.2021

1. Heard on question of admission of the criminal revision.

2. Invoking jurisdiction under Section 397 read with Section 401 of the Cr.P.C., this revision has been preferred by the applicant/State questioning the judgment of acquittal recorded by the learned 6th Additional Sessions Judge, Bilaspur, (C.G.) on 02.03.2021 in ST No. 108/2020, by which the learned 6th Additional Sessions Judge discharged the respondents/accused for the offences punishable under Sections 147, 148, 302, 304 Part-II of the Indian Penal Code.

3. When the matter is taken up for admission, Mr. Yogendra Chandra, learned counsel for the respondents would submit that against the order of acquittal, the revision would not be maintainable in view of proviso to Section 374 of the Cr.P.C., As such, the Applicant/State would be required to take leave under Section 378 (4) of the Cr.P.C. and the present criminal revision is, therefore, liable to be dismissed.

4. Since against the order of acquittal, imposing lesser punishment, revision under Section 397 read with Section 401 would not be maintainable, therefore, learned counsel for the State/applicant would submit that the applicant may be permitted to withdraw the criminal revision with liberty to avail the remedy, in accordance with law.

5. Permission is granted.

6. Accordingly, the criminal revision is dismissed as withdrawn with the aforementioned liberty.

7. Certified copy of the impugned order be returned to the Counsel for the State/applicant, after obtaining a photocopy of the same.

                                        Sd/-                                    Sd/-

                           (Sanjay K. Agrawal)                      (Arvind Singh Chandel)
                                 Judge                                     Judge
Shubham/Saurabh