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2025 DAILYLAW 51736 (CHH)

NAMITA MITRA (wrongly mentioned as Namita Mishra in the impugned order) v. JAYANTO MITRA

ACQA/642/2024 · 2025-10-07

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:50207 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 642 of 2024 Namita Mitra (Wrongly Mentioned As Namita Mishra in The Impugned Order) W/o Jayanto Mitra, D/o Chitranjan Day, Aged About 46 Years R/o Rda Colony, Near Block No.1, Tikarapara, District Raipur, Chhattisgarh. ... Appellant versus Jayanto Mitra S/o R.N. Mitra, Aged About 47 Years R/o 61-K/3, Pushpanjali Nagar, Bhavpur, Allahabad, Uttar Pradesh. ... Respondent (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 08/10/2025 This is an appeal filed under section 378(4) of the Code of Criminal Procedure against the impugned judgment dated 25.11.2021 passed by the Judicial Magistrate First Class, Raipur in Complaint Case No.3144/2017 whereby the respondent/accused has been acquitted of the charge under section 406 of IPC. When the matter is called out for hearing even in second round, no one appears for the appellant. Respondent is also not represented despite service of notice. On earlier occasion also when the matter was taken up for hearing on 16.09.2025 no one has chosen to appear and argue on behalf of the ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.10.09 14:12:45 +0530 2 appellant. Since no one appears on behalf of the appellant despite repeated calls, it appears that the appellant is not interested in prosecuting the appeal. Therefore, this Court is left with no other way except to dismiss the appeal for want of prosecution. Accordingly, this appeal is dismissed for want of prosecution. Sd/- (Sanjay Kumar Jaiswal) Judge Rao