Rakesh Kumar Gupta @ Rakesh Kesharwani vs Annapurna Chandravanshi
2025 Latest Caselaw 4548 Chatt

Chattisgarh High Court

Rakesh Kumar Gupta @ Rakesh Kesharwani vs Annapurna Chandravanshi on 18 September, 2025

                                     1




                                                   2025:CGHC:48082



       HIGH COURT OF CHHATTISGARH AT BILASPUR

                        CRMP No. 2754 of 2025



Rakesh Kumar Gupta @ Rakesh Kesharwani S/o Shatruhan Prasad Aged
About 48 Years R/o Village Mohgaon, Police Station Pandatarai, Tehsil
Pandariya, District Kabirdham C.G.                          --- Petitioner


                                  versus


1 - Annapurna Chandravanshi S/o Shri Ramesh Chandravanshi Aged
About 45 Years R/o Village Mohgaon, Police Station Pandatarai, Tehsil
Pandariya, District Kabirdham C.G.

2 - Ramesh Chandravanshi S/o Late Shri Tilak Chandravanshi Aged About
49 Years R/o Village Mohgaon, Police Station Pandatarai, Tehsil Pandariya,
District Kabirdham C.G.                                --- Respondents

For Petitioner : Mr. Hemant Kesarwani, Advocate.

For Respondents     :   .......


                  Hon'ble Shri Justice Sanjay Kumar Jaiswal

                              Order on Board
18.09.2025

1. The complainant/petitioner has filed this petition under Section

419(4) of BNSS) seeking grant of leave to appeal. The prayer made in the

acquittal appeal filed along-with the petition shows that he seeks a

direction to set aside the impugned judgment dated 16.07.2025 passed by

the Judicial Magistrate First Class, Pandariya Distt. Kabirdham (C.G) in

Complaint Case No. 239/2018 whereby the complaint filed by the

petitioner under sections 448, 427, 34 of IPC has been dismissed.

2. Learned counsel for the petitioner submits that the complainant in

the instant case falls squarely within the ambit of victim as the shops

constructed by him on his ancestral lands were illegally got demolished by

the act of accused/respondents thereby he suffered economic loss. He

further submits that since the complaint filed before the trial Court has

been dismissed, the petition filed u/s 419(4) of BNSS can be disposed of in

terms of an acquittal appeal and it is no longer necessary to seek special

leave to appeal, because the complainant is considered victim and has

statutory right to appeal under the proviso to Section 413 BNSS (Section

372 CrPC).

3. Having considered the submission made by learned counsel, this

Court is inclined to dispose of this petition in terms of acquittal appeal.

4. At this stage, learned counsel for the appellant submits that in view

of the recent decision of the Supreme Court rendered in M/s. Celestium

Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 wherein it has been

held that the complainant in a complaint case who has suffered economic

loss is also a victim as defined in section 2(wa) of Cr.P.C. corresponding to

Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the

"BNSS") and such complainant can also be entitled to file an appeal under

proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS, the

case may be disposed of reserving liberty so as to avail the said remedy of

appeal.

5. Having considered the submission of learned counsel and in view of

the law laid down in case of Celestium Financial (supra), this Cr.M.P/

Acquittal Appeal is disposed of at the admission stage itself with liberty to

the appellant to file appeal within a period of 60 days from the date of

receipt of a copy this order before the appropriate Court, in accordance

with law. It is further made clear that if such an appeal is filed before the

concerned Court within the time given by this Court, it would not insist

upon the limitation while deciding the same and will proceed to decide the

same in accordance with law.

6. Registry shall return the certified copy of the impugned

judgment/order and relevant documents to counsel for the appellant after

retaining the photocopy of the same.

7. Registry shall send back the record to the concerned Court.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Rao