1 2025:CGHC:27632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.179 of 2025 Ravindra Kumar Singh S/o S P Singh Aged About 58 Years R/o 357 (In Impugned Order Earlier Address 185 Is Mentioned), Zonal Market, Sector 10, Bhilai, Tehsil And District Durg Chhattisgarh ... Appellant versus 1 - Gaurav Chaturvedi S/o B.R. Chaturvedi, C/o Anil Shukla Plot No. 13, Vidhya Vihar, Nehru Nagar West, Bhilai, Tehsil And District Durg Chhattisgarh (Though In Impugned Judgment Earlier Address Mentioned As R/o House No. A-9, Central Avenue, Smriti Nagar, Bhilai, Tehsil And District Durg Chhattisgarh 2 - Sangeeta Pandey D/o B.R. Chaturvedi, W/o Anil Shukla R/o Plot No. 13, Vidhya Vihar, Nehru Nagar West, Bhilai, Tehsil And District Durg Chhattisgarh (Though In Impugned Judgment Earlier Address Mentioned As R/o House No. A-9, Central Avenue, Smriti Nagar, Bhilai, Tehsil And District Durg Chhattisgarh ... Respondents For Appellant : Shri Ashish Surana, Advocate through Video Conferencing. For Respondents : Shri Alok Bakshi, Advocate. Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.06.26 11:19:29 +0530 2 Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 25.06.2025 1. This Acquittal Appeal has been filed against the judgment dated 08.01.2025 passed by the Judicial Magistrate First Class, Durg in RCC No.6692/2015 whereby, the Respondent/accused has been acquitted of the charge under Section 294, 506 Part-II, 323 and 427/34 IPC. 2. At the outset, learned Counsel for the Appellant submits that 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, 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 this Appeal may be disposed of reserving the liberty so as to avail the said remedy. 3. Learned Counsel for the Respondents does not oppose the above submission. 4. In view of the aforesaid submission and considering the law laid down in the matter of Celestium Financial (supra), this Appeal stands disposed of reserving the liberty in favour of the Appellant to file an Appeal before the appropriate Court within a period of 45 days from the date of passing of this judgment in accordance with law. 3 5. It is made clear that if such an Appeal is filed before the concerned Court within the time stipulated by this Court, the said Court would not insist upon the limitation while deciding the same and shall proceed to decide it in accordance with law. 6. Registry shall return the certified copy of the judgment and relevant documents to Counsel for the Appellant after retaining its photocopy. Record shall also be sent back to the concerned Court. Sd/- (Deepak Kumar Tiwari) JUDGE Priya