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2025 DAILYLAW 23018 (PNJ)

SUKHBIR SINGH AND ANR v. RANBIR SINGH AND ORS

CRM-A/1151/2015 · 2025-09-18

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 226 CRM-A-1151-MA-2015 (O&M) Date of decision: 18.09.2025 SUKHBIR SINGH AND ANOTHER ...Applicants VERSUS RANBIR SINGH AND OTHERS ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- None. ***** VINOD S. BHARDWAJ, J. (Oral) CRM-21718-2015 Prayer in the application is for condonation of delay of 228 days in filing the appeal. For the reasons mentioned in the application, the same is allowed and delay of 228 days in filing the appeal is condoned. CRM-A-1151-MA-2015 The present application has been preferred under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter ‘CR.P.C.’) seeking grant of leave to appeal against the judgment of acquittal dated 29.08.2014 passed by the learned Judicial Magistrate 1st Class, Charkhi-Dadri in a case stemming from criminal complaint dated 12.01.2010/29.11.2013 filed under Section 323, 324 and 34 of the Indian Penal Code, 1860. 2. After assessing all the material available on the record, the learned trial Court acquitted the respondent(s) vide judgment dated VISHAL SHARMA 2025.09.19 15:35 I attest to the accuracy and integrity of this document CRM-A-1151-MA-2015 -2- 29.08.2014. 3. It is revealed that in view of the judgment passed by the Hon’ble Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, the applicant would have a remedy before the Court of Sessions. 4. In view of the judgment rendered by the Apex Court in Celestium Financial (supra), the present application seeking leave to appeal is remanded to the learned Sessions Judge, Charkhi Dadri with a direction to treat the same as an appeals filed under Section 372 of the Cr.P.C. and entrust the same to appropriate Court for its disposal on merits. 5. The Registry is directed to send the complete paper-book and the record of the case to the learned Sessions Judge, Charkhi Dadri forthwith. 6. Disposed of accordingly. Pending miscellaneous applications, if any, also stand disposed of. (VINOD S. BHARDWAJ) 18.09.2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHAL SHARMA 2025.09.19 15:35 I attest to the accuracy and integrity of this document