1 2025:CGHC:28112 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 302 of 2025 1 - Poorvi Bohra W/o Ritesh Bohra Aged About 29 Years Jawahar Market, Camp 1 Power House Bhilai/ Hall Address - Plot No. 363 Ward No. 25, Near New Fish Market Beside Deepak Sport Camp 2 Bhilai District Durg Chhattisgarh ... Appellant versus 1 - State Of Chhattisgarh Through Police Station Mahila Thana, Raipur District Raipur Chhattisgarh 2 - Ritesh Bohra S/o Suresh Kumar Bohra Aged About 29 Years R/o D 348 Sector 5 Tagore Nagar, Police Station City Kotwali, Tehsil And District Raipur Chhattisgarh 3 - Suresh Kumar Bohra S/o Late Bhanwarlal Bohra Aged About 60 Years R/o D 348 Sector 5 Tagore Nagar, Police Station City Kotwali, Tehsil And District Raipur Chhattisgarh 4 - Kanchan Bohra W/o Suresh Kumar Bohra Aged About 55 Years R/o D 348 Sector 5 Tagore Nagar, Police Station City Kotwali, Tehsil And District Raipur Chhattisgarh ... Respondents PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.06.27 10:22:03 +0530 2 For Appellant : Mr. Sumit Singh, Advocate For Respondent/State : Mr. Arvind Dubey, GA Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 26/06/2025 1. This Acquittal Appeal has been preferred under Section 413 of the BNSS, 2023 against the judgment dated 24.01.2025 passed by the Judicial Magistrate First Class, Raipur in Criminal Case No.2338/2019, whereby, the respondents/accused have been acquitted of the charges under Section 406 and 498-A read with Section 34 of the IPC. 2. At the outset, learned counsel for the appellant submits that this Appeal has wrongly been filed directly before this Court, though as per the proviso of Section 413 of the BNSS, the Appeal shall lie to the Court to which an Appeal ordinarily lies against the order of conviction of such Court, therefore, he prays to withdraw this Appeal with liberty to file an Appeal before the concerned Sessions Court. 3. In view of the aforesaid, this Appeal stands dismissed as withdrawn reserving the liberty as prayed for. 4. Registry shall return the certified copy of the judgment and relevant documents to counsel for the petitioner after retaining its photocopy. Sd/- (Deepak Kumar Tiwari) Judge Priyanka