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2025 DAILYLAW 48670 (CHH)

STATE OF CHHATTISGARH v. Ajit Kumar Gupta

CRMP/3119/2025 · 2025-10-27

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:52515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3119 of 2025 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Bagicha, District : Jashpur, Chhattisgarh. ... Petitioner versus 1 - Ajit Kumar Gupta S/o Laxmi Prasad Gupta Aged About 38 Years R/o Jhiki, Police Station Bagicha, District : Jashpur, Chhattisgarh ... Respondent For Petitioner/State : Mr. Atanu Ghosh, Dy. G.A. For Respondent : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 28 / 10 / 2025 1. Heard on I.A. No. 01/2025, application for condonation of delay occurred in filing of the criminal petition. 2. Learned counsel for the petitioner/State submits that the State Government is a multi-functioning body, hence, at times, the fulfilment of departmental formalities takes an unexpectedly long time. Therefore, in some cases, the State cannot file the case within the prescribed period of limitation, which is bona fide and not deliberate. Hence, the delay of 91 days may be condoned in the interest of justice. HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2025.10.28 17:14:18 +0530 2 3. Upon due consideration and for the reasons mentioned in the application, the same (I.A. No. 01/2025) is allowed. 4. The delay of 91 days is condoned. 5. Also heard on admission. 6. The application under Section 419(3) of BNSS has been filed seeking for grant to leave to appeal against the judgment of acquittal dated 20.03.2025 passed by the learned Additional Sessions Judge (FTC), Jashpur, District – Jashpur (C.G.) in SC/ST Case No. 02/2021 whereby respondent Ajit Kumar Gupta has been acquitted for the charge under Section 354 of IPC and Section 8 of POCSO Act, 2012 and Sections 3(1)(B)(i) & 3(2)(VA) of SC & ST (Prevention of Atrocities) Act in connection with Crime No. 13/2020 registered at Police Station – Bagicha, District Jashpur (C.G.). 7. Considering the facts and circumstances of the case, this Court is of the opinion that arguable points have been raised by the petitioner for grant of leave to appeal. 8. Accordingly, the application seeking leave to appeal is allowed. Leave as prayed for is granted. 9. Let this CRMP now be registered as an Acquittal Appeal. 10.Issue notice to the respondent as per rules. 11.Call for the records of the trial Court. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu