1 2025:CGHC:55730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 98 of 2025 1 - Pushpa Bai W/o Romlal Aged About 42 Years R/o Village Parsada, Post Jagannathpur Sakra, Police Station And District Balod (C.G.). 2 - Romlal S/o Late Shri Jethuram Sahu Aged About 48 Years R/o Village Parsada, Post Jagannathpur Sakra, Police Station and District Balod (C.G.) ... Appellants versus 1 - State of Chhattisgarh through the Station House Officer, Police Station Balod, District Balod (C.G.). 2 - Heerawan Singh Thakur S/o Late Shri Baisakhu Ram Thakur Aged About 54 Years R/o Parsada, Chhote Para, Police Station And District Balod (C.G.). 3 - Santram Sahu S/o Banwali Ram Aged About 50 Years R/o Parsada, Police Station and District Balod (C.G.) ... Respondents For the appellants : Mr. Aman Tamrakar, Advocate For the State : Mr. G.L. Ukey, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14.11.2025 1. This acquittal appeal u/s 419(4) of the BNSS 2023 has been filed against the judgment dated 15.03.2024 passed in Criminal Case No. 824/2022 whereby the learned Chief Judicial Magistrate, Balod (C.G.) after appreciating the facts and evidence acquitted the appellants from the offences under Sections 385, 294 & 506-B of IPC read with section 4 of the Chhattisgarh Tonhi Pratadna Adhiniyam. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.11.17 13:15:59 +0530 2 2. Learned counsel for the appellants submits that in view of the decision of the Supreme Court rendered in M/s. Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804 the victims/complainants 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 for the appellant further submits that the Supreme Court in the said case has reserved the liberty in favour of the appellant therein to prefer an appeal, therefore, in the instant case also the appellant may be permitted to withdraw this appeal with liberty to prefer an appeal before the concerned Sessions Court under the proviso to Section 372 Cr.P.C., corresponding to section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. Having considered the submission made by learned counsel for the petitioner and in view of the law laid down in case of Celestium Financial (supra), this Appeal is disposed of reserving liberty in favour of the appellant to file the appeal within a period of 60 days from today before the appropriate Court. It is made clear that if such an appeal is filed before the concerned Court within the stipulated time, the said Court shall not insist upon the issue of limitation while deciding the matter and shall adjudicate 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 photocopies of the same. Sd/- (Sanjay Kumar Jaiswal) Judge Rao