Ambika Chaudhary @ Ambika Choudhary vs The State Of Jharkhand & Others
2025 Latest Caselaw 4934 Jhar

Jharkhand High Court

Ambika Chaudhary @ Ambika Choudhary vs The State Of Jharkhand & Others on 28 August, 2025

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Acq. Appeal (C) No.04 of 2023
                               ------

Ambika Chaudhary @ Ambika Choudhary ... Appellant Versus The State of Jharkhand & Others ... Respondents

------

CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Appellant : Mr. Sanjay Kumar, Advocate For the State : Mr. Jitendra Pandey, Addl.P.P. For the private Resp. : Mr. Gopal K. Sinha, Advocate

------

Order No:-18 Dated:-28-08-2025 I.A. No.11665 of 2024 Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to grant special leave to the appellant to file this appeal against the judgment of Acquittal dated 30.05.2018 passed by the learned Additional Sessions Judge-III, Garhwa in Criminal Appeal No.16 of 2016. It is next submitted that the private respondents of this appeal were convicted by the learned Chief Judicial Magistrate, Garhwa in C. Case No.208 of 2004 under Section 467, 468 of the Indian Penal Code and sentenced to rigorous imprisonment of three years for each offence and fine of Rs.5,000/- with default sentence. It is then submitted that the convicted private respondents filed Criminal Appeal No.16 of 2016 which was heard and disposed of by the learned Additional Sessions Judge- III, Garhwa, who without considering the evidence and the materials available in the record, set aside the conviction. It is further submitted that the learned Additional Sessions Judge-III, Garhwa, erred in setting aside the conviction of the private respondents by ignoring the ample evidence available in the record and against the weight of the evidence in the record. It is also submitted that the appellant has very good grounds to agitate in this appeal and unless the appellant is granted special leave to appeal, the appellant will be highly prejudiced.

Considering the aforesaid facts, the appellant is accorded special leave to pursue this appeal.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.)

This appeal will be heard.

Admit.

Call for Trial Court Records.

List this appeal after receipt of the Trial Court Records.

(Anil Kumar Choudhary, J.) Saroj/