Khairun Nisha vs Sarafraj Khan
2023 Latest Caselaw 672 Chatt

                                             1

                HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRMP No. 954 of 2022

  •    Khairun Nisha, W/o Mohd. Iqbal Qureshi, aged about 50 years, R/o Village
       Patna, Police Station Patna, Tahsil Baikunthpur, District-Koriya, Chhattisgarh.

                                                                        ---- Petitioner

                                        Versus

  •    Sarafraj Khan, S/o Abdul Hamid, aged about 37 years, R/o Nagar Bishrampur,
       Police Station Bishrampur, Tahsil Surajpur, District-Surguja(now Surajpur),
       Chhattisgarh.

                                                                     ---- Respondent

For Petitioner : Mr. Anil Gulati, Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board

01-02-2023

Heard.

1. Heard on IA No.1 of 2023, application for condonation of delay in filing of

this acquittal appeal which is barred by 8 days. For the reasons

mentioned in the application, the same is allowed. Delay of 8 days in

filing the appeal is condoned.

2. Also heard on application for grant of leave to appeal under Section

378(4) of the Code of Criminal Procedure, 1973. Applicant State has

preferred an acquittal appeal against the judgment dated 21.2.2022

passed in Criminal Case No.1343/2014 by which learned Judicial

Magistrate, First Class, Dhamtari, Chhattisgarh.

3. Perused the impugned judgment of the learned Court below as well as

other material available on record.

4. On due consideration, it appears that present is a fit case where leave

should be granted. CRMP is allowed. Leave to appeal is granted.

5. Registry is directed to register the CRMP as 'Acquittal Appeal' and list it

after four weeks.

6. Accordingly, this CRMP is disposed off.

Sd/-

(Arvind Singh Chandel) JUDGE Nisha