Citation : 2023 Latest Caselaw 403 Chatt
Judgement Date : 19 January, 2023
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P. No.284 of 2022
1. Smt Lakshani Bai, W/o Shri Chandrika Dewangan, aged about
55 years, R/o Tarri Police Station, Gobra Nawapara, District
Raipur, Chhattisgarh.
---- Petitioner
Versus
1. Vijay Ratre S/o Shri Hariram Ratre Aged About 52 Years
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
2. Smt Triveni Bai Dhruv W/o Girdhari Aged About 45 Years
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
3. Smt. Yasodabai Dhruv W/o Shri Shiv Kumar Dhruv Aged
About 35 Years, Resident of Village Tarri, Police Station Gobra
Nawapara, District Raipur, Chhattisgarh.
4. Smt. Manbai @ Manki Dhruv W/o Shri Shravan Dhruv Aged
About 38 Years, Resident of Village Tarri, Police Station Gobra
Nawapara, District Raipur, Chhattisgarh.
5. Smt. Vidha Bai Dhruv W/o Shri Mohan Dhruv Aged About 51
Years, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
6. Smt. Uma Bai Dhruv W/o Shri Suresh Dhruv Aged About 58
Years, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
7. Smt. Seeta Bai Dhruv W/o Late Kripa Dhruv Aged About 58
Years, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
8. Smt. Chitrekha Dhruv W/o Shri Rajendra Dhruv Aged About
40 Years, Resident of Village Tarri, Police Station Gobra
Nawapara, District Raipur, Chhattisgarh.
9. Smt. Rekha Dhruv W/o Shri Santosh Dhruv Aged About 25
Years, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
10. Smt Kunti Dhruv W/o Late Shyamlal Aged About 50 Years,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
11. Parwati Dhruv W/o Shri Khorbahra Aged About 55 Years
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
12. Smt. Malti Dhruv W/o Shri Ramesh Dhruv Aged About 45
Years, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
13. Smt. Renu Dhruv W/o Late Dauwa Dhruv Aged About 40 Years
, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
14. Smt. Gouri Dhruv W/o Sukhram Dhruv Aged About 40 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
15. Smt. Teja Dhruv W/o Shri Paras Dhruv Aged About 50 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
16. Smt. Nemabai Dhruv W/o Late Jailal Dhruv Aged About 45
Years , Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
17. Smt. Bunda Dhruv W/o Shri Indu Dhruv Aged About 50
Years , Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
18. Smt. Shanta Dhruv W/o Girdhar Dhruv Aged About 50 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
19. Smt. Suniti Dhruv W/o Shri Vijay Dhruv Aged About 50 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
20. Smt. Kamin Dhruv W/o Shri Arjun Dhruv Aged About 45 Years
, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
21. Smt. Kunti Dhruv W/o Shri Billu Dhruv Aged About 40 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
22. Smt. Kumari Dhruv W/o Shri Shushil Dhruv Aged About 40
Years, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
23. Smt. Rambha Dhruv W/o Shri Krishna Dhruv Aged About 40
Years, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
24. Smt. Rukmani Dhruv W/o Shri Kumar Dhruv Aged About 40
Years, Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
25. Dwarka Dhruv S/o Late Dhanwar Dhruv Aged About 53 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
26. Shushil Dhruv S/o Shri Bisru Dhruv Aged About 40 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
27. Nandkumar Sahu S/o Shri Baliram Aged About 45 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
28. Girdhari Dhruv S/o Shri Kishun Dhruv Aged About 46 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
29. Shailendra Dhruv S/o Shri Anil Dhruv Aged About 22 Years ,
Resident of Village Tarri, Police Station Gobra Nawapara,
District Raipur, Chhattisgarh.
30. State of Chhattisgarh, Through District Magistrate, Raipur
Chhattisgarh.
---- Respondents
For Petitioner : Mr. Awadh Tripathi, Advocate.
Hon'ble Shri Justice Arvind Singh Chandel
Order On Board
19/01/2023 Heard on admission.
1. This is an application for grant of leave to appeal under Section
378(4) of the Code of Criminal Procedure, 1973.
2. Learned Counsel appearing for the Petitioner seeks permission
for grant of leave to appeal being aggrieved by the judgment of
acquittal dated 10.11.2021 passed by the Judicial Magistrate
First Class, Raipur (C.G.) in Complaint Case/Criminal Case
No.2103/2015. Whereby the learned JMFC, Raipur had
acquitted the respondents/accused persons from the offence
punishable under Sections 147/149, 294, 506(B) & 427 of the
Indian Penal Code, 1860.
3. I have heard learned Counsel appearing for the Petitioner,
perused the impugned judgment and other material adduced
by the Petitioner/complainant before the learned JMFC, Raipur
(C.G.).
4. The Cr.M.P. being arguable, is admitted for hearing.
5. On due consideration, the application is allowed and leave is
granted. Registry is directed to register the present Cr.M.P. as
Acquittal Appeal.
6. Issue notice to the respondents/accused persons on payment
of process fee as per rules. Call for record of the Court below
and list the appeal after four weeks.
7. Accordingly, the Cr.M.P. stands disposed of.
Sd/-
(Arvind Singh Chandel) Judge Shubham
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