1 2025:CGHC:32337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 207 of 2024 1 - Jasbir Kaur W/o Gurmel Singh, Aged About 58 Years R/o Guru Govind Nagar, 9/1 City Station Raipur Tahsil And District Raipur Chhattisgarh ... Appellant versus 1 - Gurmel Singh S/o Late Gurucharan Singh Saini, Aged About 55 Years R/o Shyam Nagar, Raipur District Raipur Chhattisgarh (Accused) 2 - State Of Chhattisgarh Through SHO, Police Station Mahila Thana, Raipur District Raipur Chhattisgarh. (Prosecution) ... Respondents For Appellant : Mr. Manoj Paranjpe along with Ms. Apoorwa Ghore, Advocates For Respondent : Mr. Sumit Singh, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 11/07/2025 1. This Acquittal Appeal has been preferred against the judgment dated 29.02.2024 passed by the Additional Sessions Court/(Special Judge of PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.07.15 10:58:21 +0530 2 Special Court for trial of C.B.I. cases), Raipur in Criminal Appeal No.98/2023, whereby the judgment passed by the Judicial Magistrate First Class in Criminal Case No.1754/2008 acquitting respondent/accused of the charge under Sections 498-A & 323 of the IPC, was affirmed. 2. At the outset, learned counsel for the appellant/victim submits that against the acquittal order passed by the trial Court i.e. Judicial Magistrate First Class, Raipur which is a state case, the state has preferred an Acquittal Appeal No.98/2023 and the same has been affirmed by the impugned judgment. He fairly submits that the victim has only right to prefer an Appeal under Section 372 of the CrPC, which clearly stipulates that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. He would submit that the trial Court i.e. Judicial Magistrate First Class, has recorded the finding of acquittal against which an Appeal ordinarily lies before the Sessions Court, so filing an Acquittal Appeal directly under Section 372 of the CrPC is not available to the victim. Lastly, he submits that the Appeal may be disposed of reserving the liberty in favour of the appellant to avail the appropriate remedy in accordance with law. 3. On the other hand, learned counsel for the respondent would also support the aforesaid legal preposition. 3 4. Having considered the submission of learned counsel for the parties, this Court is of the opinion that the Acquittal Appeal preferred by the victim directly to this Court under Section 372 of the CrPC is not maintainable, however, the liberty is reserved in favour of the appellant/victim to avail the appropriate remedy available to her in accordance with law, if so advised. In view of the fact that Appeal preferred by the State has already been dismissed. 5. With the aforesaid observations, this Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka