1 2025:CGHC:50208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 389 of 2024 1 - Dujbai Patel W/o Shri Mailuram Patel Aged About 46 Years Residence Of Village Singhari, Tahsil Lawan, Thana Kasdol, Civil And Revenue District Balodabajar Bhatapara, Chhattisgarh ... Appellant(s) versus 1 - Somnath Verma S/o Shri Vilas Verma Aged About 22 Years R/o Village Singhari, Tahsil Lawan, Thana Kasdol, Civil And Revenue District Balodabajar Bhatapara, Chhattisgarh 2 - Omprakash Verma S/o Shri Vilas Verma Aged About 24 Years R/o Village Singhari, Tahsil Lawan, Thana Kasdol, Civil And Revenue District Balodabajar Bhatapara, Chhattisgarh 3 - Amar Verma S/o Shri Vilas Verma Aged About 19 Years R/o Village Singhari, Tahsil Lawan, Thana Kasdol, Civil And Revenue District Balodabajar Bhatapara, Chhattisgarh ... Respondent(s) For Appellant : Mr. Rajendra Kumar Patel, Advocate, on behalf of Mr. Sunil Sahu, Advocate For Respondents : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.10.10 10:13:33 +0530 2 08/10/2025 1. This acquittal appeal U/s 378(4) of the Cr.P.C. has been filed against the order dated 02.02.2018 passed by learned Judicial Magistrate First Class, Kasdol, District Balodabazar (C.G.) in Criminal Complaint Case No. 791/2011 whereby the respondents/accused have been acquitted of the charges under Sections 294, 458 of IPC and Sections 3 & 4 of Tonhi Pratadna Nivaran Adhiniyam, while a lesser sentence of till rising of the Court with fine of Rs.1,000 has been awarded under Section 323/34 of IPC. 2. At the outset, learned counsel for the appellant submits that recently the Supreme Court has delivered a judgment in the matter of M/s. Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804 holding that the complainant/victim 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. He submits that the Supreme Court in the said matter has reserved the liberty in favour of the petitioner therein to prefer an appeal in the light of the provisions of Section 372 of CrPC corresponding to Section 413 of the BNSS. Learned counsel submits that the case may be disposed of reserving liberty so as to avail the said remedy. 3. 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 against the impugned judgment within a period of 60 days from the date of receipt of copy of this order before the appropriate Court, in accordance with law. It is made clear that if such an appeal is filed before the 3 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 matter 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 photocopy of the same. 5. The record be sent back forthwith to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai