1 2025:CGHC:27913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3127 of 2024 1 - Kishan Yadav S/o Shri Balram Yadav Aged About 24 Years R/o Azad Nagar, Masanganj, P.S. Civil Lines,District- Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - Bedram Sahu S/o Shri Rikhiram Sahu Aged About 35 Years R/o Chaudhari Street, Near Shiv Mandir, Bandhawapara, P.S. Sarkanda, District- Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Ayush Verma, Advocate. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 25/06/2025 1. Default, as pointed out by the Registry is ignored. 2. This petition has been filed for grant of leave to appeal under Section 419 (4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the order dated 22.07.2023 passed by the Judicial Magistrate First Class, Bilaspur in Complaint Case No. Unregistered/2023 whereby, complaint was dismissed for want of prosecution invoking powers under Section 256 Cr.P.C. 3. Counsel for the petitioner submits that case is at the initial stage and AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.06.25 17:33:15 +0530 2 charges have not been framed and on the subject date of hearing, presence of complainant was not necessary, however, the trial Court has wrongly dismissed the complaint. 4. Heard learned counsel for the petitioner and perused the order passed by the trial Court as well other relevant documents. 5. On due consideration, leave as prayed for by counsel for the petitioner is granted. 6. Let the petition filed by the petitioner be registered as acquittal appeal. Thereafter, issue notice to the respondent on payment of PF, as per rules. 7. List this appeal in the week commencing on 18.08.2025. 8. Accordingly, instant Cr.M.P is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Avinash