Jagdev Prasad Khute vs The State Of Chhattisgarh
2022 Latest Caselaw 5399 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                               CRR No. 864 of 2022
   Jagdev Prasad Khute S/o Late Bodhanlal Khute Aged About 53 Years R/o Village
    Chauha, Police Station Masturi, District- Bilaspur, Chhattisgarh.
                                                                            ---- Applicant
                                         Versus
   The State of Chhattisgarh        Through      Police   Station   Dongargarh,   District-
    Rajnandgaon, Chhattisgarh.
                                                                        ---- Non-Applicant




25.08.2022

Mr. Ankur Agrawal, counsel for the applicant.

Ms. Pushpalata Khalkho, P.L. for the State/Non-applicant.

The applicant was tried for the offences punishable under Sections 420, 467, 468, 471, 120B of IPC by the learned Judicial Magistrate First Class, Dongargarh, District- Rajnandgaon (CG) in Criminal Case No. 940/2012. The applicant was acquitted by the learned trial Court as prosecution failed to prove the guilt of the applicant beyond reasonable doubt vide judgment dated 31.12.2021. Thereafter, State preferred appeal before the learned Additonal Sessions Judge, Dongargarh, District- Rajnanagaon (C.G.) and the same was registered as Criminal Appeal No. 05/2022 and vide judgment dated 21.07.2022 the learned lower Appellate Court set-aside the judgment of acquittal and remitted back the matter for fresh trial on the grounds that there are procedural and legal mistake committed by the prosecution as well as by the learned trial Court. It is also observed that the learned trial Court has not considered the documentary evidence produced by the prosecution. The learned lower Appellate Court has directed the learned trial Court to call the witnesses again and to scrutinize the documents.

Mr. Ankur Agrawal, learned counsel for the applicant submits that the learned lower Appeallate Court has wrongly exercised the power given under Section 386 of CrPC, the Appellate Court should not remit back the case to trial Court to fill up the lacunas. He relied upon he judgments passed by the Hon'ble Supreme Court in the matters of Union of India and Others Vs. Sepoy Pravat Kumar Behuria reported in (2019) 10 SSC 220 & Ghurey Lal Vs. State of Uttar Pradesh reported in (2008) 10 SCC 450.

Ms. Pushpalata Khalkho, learned State counsel submits that the learned lower Appellate Court has passed the reasoned order after appreaciation of oral and documentary evidence.

I have heard the rival submissions, particularly considered the finding recorded by the lower Appellate Court and in view of the ratio laid down by the Hon'ble Supreme Court in the above judgments, a strong case is made out for grant of stay, consequently, the effect and operation of order passed by the learned lower Appellate Court in Criminal Appeal No. 05/2022 shall remain stayed till the next date of hearing.

Learned State counsel is granted four weeks' time to file reply.

List the case after four weeks.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim