1 2025:CGHC:43140 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 181 of 2020 Smt. Damanaynti Debta W/o Roopanand Debta @ Vakil Kumar Aged About 39 Years R/o Quarter No. 5, Street No. 14, Sector - 2, Bhilai Sector 6, Police Station Kotwali Bhilai Tahsil Bhilai District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Appellant. versus 1 - Roopanand Debta @ Vakil Kumar S/o Late Sheshdeo Debta Aged About 30 Years Residing At Mahal Para, Virendra Nagar, Saraipali Police Station And Post Saraipali Tahsil Saraipali District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 2 - Smt. Vanita Das W/o Roopanand Debta Aged About 20 Years Residing At Mahal Para, Virendra Nagar, Saraipali Police Station And Post Saraipali Tahsil Saraipali District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 3 - Sheshdeo Debta (Dead) S/o Late Nilamber Debta Residing At Mahal Para, Virendra Nagar, Saraipali Police Station And Post Saraipali Tahsil Saraipali District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 4 - Menka Bai W/o Sheshdeo Debta Aged About 60 Years Residing At Mahal Para, Virendra Nagar, Saraipali Police Station And Post Saraipali Tahsil Saraipali District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 5 - Premsheela Mishra W/o Santosh Mishra Aged About 46 Years Residing At Mahal Para, Virendra Nagar, Saraipali Police Station And Post Saraipali Tahsil Saraipali District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 6 - Santosh Mishra S/o Girdhari Lal Mishra Aged About 54 Years Residing At Mahal Para, Virendra Nagar, Saraipali Police Station And Post Saraipali Tahsil Saraipali District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.08.26 15:52:41 +0530 2 7 - Pittwash Das S/o Kabir Das Aged About 45 Years Residing At Village Budamal Police Station Buden District Bargarh Odisha., District : Bargarh *, Orissa 8 - Smt. Sakuntala Das @ Nalini Das W/o Shri Pitwash Das Aged About 40 Years Residing At Village Budamal Police Station Buden District Bargarh Odisha., District : Bargarh *, Orissa 9 - Kishor S/o Mahendro Mahapatra Aged About 30 Years R/o Saraipali District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 10 - Pandit Nityanad Mishra S/o Shankar Mishra Aged About 54 Years R/o Village Mohka Police Station Basna District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh 11 - State Of Chhattisgarh Through District Magistrate, Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Respondents. For Appellant : Mr. Respondents. For Appellant : Mr. Hemant Kesharwani, Adv on behalf of Mr. J. N. Nande, Advocate. For Respondent/State : Mrs. Mukta Tripathi, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 26.08.2025 1. The appellant has filed this acquittal appeal against the judgment of acquittal dated 29.06.2019 passed by the Judicial Magistrate First Class, Durg in Complaint Case No.371/2010, whereby, respondents No.1 to 10/accused have been acquitted of the charge under Section 494 r/w Section 494/34 of the Indian Penal Code. 2. At the outset, learned counsel for the appellant submits he has directly preferred an acquittal appeal before the High Court though recently in the judgment dated 08.04.2025 rendered by the Hon’ble Supreme Court in the matter of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804, 3 right to file appeal under proviso to Section 372 Cr.P.C. was discussed and it was held that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. He submits that the case may be disposed of reserving liberty so as to avail the said remedy. 3. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this appeal stands disposed of reserving liberty in favour of the appellant to file an appeal within a period of 45 days from the date of this order before the concerned jurisdictional Sessions 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. 4. Registry shall return the certified copy of the order/judgment and relevant documents to counsel for the appellant after retaining its photocopy. 5. Registry shall send back the record to the concerned Court. 6. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay