1 2025:CGHC:48082 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2754 of 2025 Rakesh Kumar Gupta @ Rakesh Kesharwani S/o Shatruhan Prasad Aged About 48 Years R/o Village Mohgaon, Police Station Pandatarai, Tehsil Pandariya, District Kabirdham C.G. --- Petitioner versus 1 - Annapurna Chandravanshi S/o Shri Ramesh Chandravanshi Aged About 45 Years R/o Village Mohgaon, Police Station Pandatarai, Tehsil Pandariya, District Kabirdham C.G. 2 - Ramesh Chandravanshi S/o Late Shri Tilak Chandravanshi Aged About 49 Years R/o Village Mohgaon, Police Station Pandatarai, Tehsil Pandariya, District Kabirdham C.G. --- Respondents For Petitioner : Mr. Hemant Kesarwani, Advocate. For Respondents : ……. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 18.09.2025 1. The complainant/petitioner has filed this petition under Section 419(4) of BNSS) seeking grant of leave to appeal. The prayer made in the acquittal appeal filed along-with the petition shows that he seeks a direction to set aside the impugned judgment dated 16.07.2025 passed by the Judicial Magistrate First Class, Pandariya Distt. Kabirdham (C.G) in 2 Complaint Case No. 239/2018 whereby the complaint filed by the petitioner under sections 448, 427, 34 of IPC has been dismissed. 2. Learned counsel for the petitioner submits that the complainant in the instant case falls squarely within the ambit of victim as the shops constructed by him on his ancestral lands were illegally got demolished by the act of accused/respondents thereby he suffered economic loss. He further submits that since the complaint filed before the trial Court has been dismissed, the petition filed u/s 419(4) of BNSS can be disposed of in terms of an acquittal appeal and it is no longer necessary to seek special leave to appeal, because the complainant is considered victim and has statutory right to appeal under the proviso to Section 413 BNSS (Section 372 CrPC). 3. Having considered the submission made by learned counsel, this Court is inclined to dispose of this petition in terms of acquittal appeal. 4. At this stage, learned counsel for the appellant submits that in view of the recent decision of the Supreme Court rendered in M/s. Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 wherein it has been held that the complainant in a complaint case who has suffered economic loss is also a victim as defined in section 2(wa) of Cr.P.C. corresponding to Section 2(y) of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short the “BNSS”) and such complainant can also be entitled to file an appeal under proviso to section 372 Cr.P.C. corresponding to Section 413 of the BNSS, the case may be disposed of reserving liberty so as to avail the said remedy of appeal. 5. Having considered the submission of learned counsel and in view of the law laid down in case of Celestium Financial (supra), this Cr.M.P/ Acquittal Appeal is disposed of at the admission stage itself with liberty to the appellant to file appeal within a period of 60 days from the date of 3 receipt of a copy 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. 6. 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. 7. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Rao