1 2025:CGHC:41138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 735 of 2019 1 - Smt. Sangeeta Singh W/o Chandan Singh Aged About 35 Years R/o Gudiyari, Ambedkar Nagar In The House Of Sahu, District - Raipur, Chhattisgarh ... Appellant versus 1 - Chandan Singh S/o Jitendra Singh Aged About 36 Years R/o Village Bhavani Nagar, Kota, Raipur, Presently At Jyoti Clinic, Rautpura, Jagdalpur, Chhattisgarh 2 - Jitendra Singh S/o Shri Jageshwar Singh Aged About 60 Years R/o Village Behind Vivekanand Vidya Pith, Kota Aamanaka, Raipur, Chhattisgarh 3 - Smt. Usha Singh W/o Jitendra Singh Aged About 52 Years R/o Village Behind Vivekanand Vidya Pith, Kota Aamanaka, Raipur, Chhattisgarh 4 - Kanhaiya Kumar Singh S/o Shri Vipin Kumar Singh Aged About 48 Years R/o Near Raipur Naka, Mohan Nagar, Durg, Chhattisgarh, Permanent R/o Tamil Police Station Bhanshyampur, District - Darbhanga, (Bihar) PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.08.14 17:44:47 +0530 2 5 - Sanjay Singh S/o Shri Yogendra Narayan Singh Aged About 48 Years R/o Sarju Bagicha, Gali No. 5, Masanganj, Raipur, Chhattisgarh 6 - State Of Chhattisgarh Through - Station House Office, Police Station Mahila Thana Raipur, District - Raipur, Chhattisgarh ... Respondents For Appellant : Ms. Pratibha Sahu appears on behalf of Mr. Rajkumar Pali, Advocte For State : Mr. S.K. Puria, PL Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 14/08/2025 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 31.10.2017 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No.977/10, whereby, respondent No.1 has been acquitted of the charge under Sections 498-A/34 & 323 of the IPC and respondents No.2 to 5 have been acquitted of the charge under Section 498-A/34 of the 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 3 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. Counsel for the other side would not oppose the aforesaid prayer. 4. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), this Appeal stands disposed of reserving liberty in favour of the appellant 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. 5. Registry shall return the certified copy of the judgment and relevant documents to counsel for the appellant after retaining its photocopy. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka