1 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 390 of 2025 Nutan Bhuval W/o Yugal Kishore Singh Bhuval Aged About 35 Years R/o. Opposite Irani Dairy Kelabadi Police Station Durg Kotwali, Tehsil- Durg, Dist.- Durg (C.G.) ... Appellant versus 1 - State of Chhattisgarh through the Station House Officer, Police Station Mahila Thana Durg, District Durg (C.G.). 2 - Yugal Kishor Singh Bhuval S/o Late Bhagwan Singh Bhuval Aged About 32 Years Ward No. 11, Shankar Nagar, H-No. 1793 Nawagarh, P.S. Nawagarh, District Bemetara (C.G.). 3 - Smt. Devantin Bhuval W/o. Late Bhagwan Singh Bhuval Aged About 55 Years Ward No. 11, Shankar Nagar, H-No. 1793 Nawagarh, P.S. Nawagarh, District Bemetara (C.G.). 4 - Hulas Singh Bhuval S/o Late Bhagwan Singh Bhuval Aged About 30 Years Ward No. 11, Shankar Nagar, H-No. 1793 Nawagarh, P.S.- Nawagarh, District Bemetara (C.G.). 5 - Smt. Pratima Banfar D/o Late Bhagwan Singh Bhuval Aged About 35 Years Ward No. 11, Shankar Nagar, H-No. 1793 Nawagarh, P.S.- Nawagarh, District Bemetara (C.G.) ... Respondents For the appellant : Mr. K.N. Meher, Advocate, on behalf of mr. Ishan Verma,Advocate For the respondents : ….. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.10.30 13:28:46 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 29.10.2025 1. This acquittal appeal u/s 378(4) of CrPC has been filed against the judgment dated 05.10.2023 passed in Criminal Case No. 7297/2017 whereby the learned Judicial Magistrate First Class Durg, District Durg (C.G.) acquitted the respondents 2 to 5 of the charges framed under Section 498-A read with section 34 of IPC and section 4 of the Dowry Prohibition Act, 1961. 2. At the outset, learned counsel for the appellant 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 victim/complainant 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 petitioner 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 an appeal before an appropriate Court in 3 accordance with law within a period of 60 days from today. 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. 4. 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. 5. Registry shall send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Rao