The State Of Chhattisgarh vs Shivlal Jaiswal
2024 Latest Caselaw 170 Chatt

Chattisgarh High Court

The State Of Chhattisgarh vs Shivlal Jaiswal on 25 June, 2024

           Neutral Citation
           2024:CGHC:21571




                                           1



                                                                             NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRMP No. 1917 of 2022

   • The State of Chhattisgarh Through District Magistrate, Surguja,
     Chhattisgarh.

                                                                    ---- Petitioner

                                        Versus

   • Shivlal Jaiswal S/o Late Mahadev Prasad Jaiswal Aged About 50 Years
     R/o House No. 4, Vivekanand Nagar Kisan Rice Mill Marg Ambikapur,
     Police Station Gandhinagar, District : Surguja, Chhattisgarh.

                                                                 ---- Respondent

For Petitioner : Mr. Kishan Lal Sahu, Dy. Govt. Advocate

Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

25/06/2024

1. Heard on admission.

2. Also heard on I.A. No.01/2022, application for condonation of delay occurred in filing the petition.

3. Learned counsel for the State contended that the impugned judgment was passed on 14.03.2022 by the learned Court below and thereafter the Law & Legislative Affairs Department, Government of Chhattisgarh, Mantralaya, Naya Raipur vide its memo dated 12.07.2022 sent a proposal to the Office of the Advocate General to file an acquittal against the judgment dated 14.03.2022 passed by learned Court below. Thereafter, the case was placed before the Neutral Citation 2024:CGHC:21571

learned Advocate General on 26.07.2022 and on same day, the case was marked to the Deputy Advocate General for drafting acquittal appeal against the impugned judgment and order dated 14.03.2022 passed by learned Court below. Thereafter, the Office initiated proceeding and certified copy of the impugned order and other relevant documents have been received from the concerned Department and thereafter the instant acquittal appeal was prepared and filed before the Court. After obtaining necessary documents and information with respect to the case the instant acquittal appeal was prepared and filed before this Court, however, some delay was occurred due to fulfillment of various departmental formalities and working of the Government machinery.

4. Learned State counsel to justify his reasons also relied upon the judgment of the Supreme Court in the matter of "State of Haryana Vs. Chandra Mani & Others", reported in (1966) 3 SCC 132.

5. On due consideration and for the reasons assigned therein and also looking to the judgment passed in the matter of "State of Haryana Vs. Chandra mani & Others (supra), I am inclined to allow the same.

6. Delay of 146 days in filing the appeal is hereby condoned.

7. Accordingly I.A. No. 01/2022 stands disposed of.

8. The present petition has been filed under Section 378(3) of the CrPC for grant of leave to appeal.

9. Petition being arguable is admitted for hearing.

10. Perused the impugned judgment and gone through the other material available on record with utmost circuspection.

Neutral Citation 2024:CGHC:21571

11. On due consideration, the application is allowed and leave as prayed by learned counsel for the petitioner/State, is granted. Registry is directed to register the present Cr.M.P. as regular "Acquittal Appeal".

12. Accordingly, the present CrMP stands disposed of.

13. After registration of regular appeal, let a bailable warrant for a sum of Rs. 5,000/- be issued against the respondent by registered mode through the concerned Superintendent of Police, for his appearance before this Court on 12.08.2024.

14. List this case on 12.08.2024.

Sd/-

(Arvind Kumar Verma) Judge

Vasant