1 2025:CGHC:36751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 729 of 2019 1 - Indira Gangwani W/o Dilip Gangwani Aged About 52 Years R/o Bilha, Near Jagdish Rice Mill, Police Station Bilha, Tahsil Bilha, District Bilaspur, Chhattisgarh. (complainant) ... Appellant. versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur, Chhattisgarh. 2 - Vijay Kumar Sarthi S/o Sukhdev Sarthi Aged About 22 Years R/o Bhadesar, Police Station Pamgarh, District Janjgir-Champa, Chhattisgarh. (accused) ... Respondent(s) For Appellant : None. For Respondent No.1 : Shri SK Puria, Panel Lawyer. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 29/07/2025 1. Even on second call, none appears on behalf of the appellant. 2. Learned counsel for the State/Respondent No.1 would submit that this Appeal has been filed directly before the High Court by the legal heir of deceased Rahul Gangwani against the judgment dated 26.04.2019 passed by the Judicial Magistrate First Class, Bilaspur C.G. in Criminal Case No.249/13 whereby, Respondent No.2/accused has been acquitted of the AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.07.29 15:38:45 +0530 2 charge under Section 304A of IPC. He further submits that as per proviso to Section 372 of the Code of Criminal Procedure, 1973, inserted vide Act 5 of 2009 w.e.f. 31.12.2009, a right has been extended in favour of the victim which also includes legal heir of the deceased 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 in the present case, an appeal ought to have filed before the Sessions Court and not directly before the High Court, as similar nature of objection has also been raised by the Registry of this Court. 3. In view of aforesaid submission, this Appeal stands disposed of reserving liberty in favour of the appellant/complainant to prefer an appeal, if so advised, before the appropriate Court within a period of 45 days of this order invoking the provisions under Section 372 Cr.P.C., in accordance with law. 4. It is 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. 5. Registry is directed to send a copy of this judgment to the appellant/complainant through registered post informing him about this judgment and that no one appeared on his behalf before this Court and he may avail remedy of appeal before the concerned Sessions Court. Sd/- (Deepak Kumar Tiwari) Judge Avinash