1 2025:CGHC:40697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 583 of 2019 1 - Pushpa Khunte W/o Shri Faleshwar Ram Khunte Aged About 27 Years, R/o Village Kukurbhunka Police Station Bagbahar, District Jashpur Chhattisgarh At Present R/o Heeranagar, Mitthumuda, Raigarh Tahsil And District Raigarh Chhattisgarh. (complainant) ..Appellant. versus 1 - Faleshwar Ram Khunte S/o Shri Hetram Khunte Aged About 33 Years Occupation Service, At Present Posted At Village Laripani, Police Station Lailunga District Raigarh Chhattisgarh. 2 - Hetram Khunte S/o Namalum aged about 55 years Occupation Agriculturist (Died). 3 - Ramsingh Khunte S/o Shri Hetram Khunte Aged About 23 Years Occuapation Service. 4 - Savitri Khunte W./o Shri Hetram Khunte Aged About 50 Years Occupation Housewife. 5 - Fuleshwari Khunte W/o Shri Hetram Khunte Aged About 38 Years. All R/o Village Kukurbhunka, Police Station Bagbahar, District Jashpur Chhattisgarh. 6- Puran Khunte S/o Namalum Aged About 25 Years. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.08.13 15:56:43 +0530 2 7 - Krishna Khunte S/o Namalum Aged About 25 Years. Both R/o Village Kukurbhunka, Police Station Bagbahar, District Jashpur Chhattisgarh. ... Respondent(s)/Accused. For Appellant : Shri Abhishek Saraf, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 13/08/2025 1. At the outset, learned counsel for the appellant would submit that this Appeal has been filed directly before the High Court by the appellant/complainant against the judgment dated 29.12.2018 passed by the Judicial Magistrate First Class, Raigarh C.G. in Complaint Case No.695/2009 whereby, respondents/accused except Respondent No.2 have been acquitted of the charge under Section 498/34 of IPC. 2. Learned counsel for the appellant further 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. Learned counsel 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 3 reserving liberty in favour of the appellant, if so desires, to file an appeal within a period of 45 days from this order before the appropriate 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 impugned judgment/order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 5. Registry shall send back the record to the concerned Court. 6. Accordingly, this appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash