1 2025:CGHC:61887 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 13 of 2025 1 - Vishnu Prasad S/o Ratiram Yadav Aged About 71 Years R/o Lalpur P.S. Balodabazar District - Balodabazar Bhatapara (C.G.) 2 - Dharamveer S/o Girvar Kashyap Aged About 38 Years R/o Village Lalpur P.S. Balodabazar, District - Balodabazar - Bhatapara (C.G.) … (Complainants). ... Appellants versus 1 - Teejram S/o Kashiram Yadav Aged About 60 Years R/o Village Lalpur P.S. Balodabazar, District - Balodabazar - Bhatapara (C.G.). 2 - Lallu S/o Kashiram Yadav Aged About 55 Years R/o Village Lalpur P.S. Balodabazar, District - Balodabazar - Bhatapara (C.G.). 3 - Beni S/o Kashiram Yadav Aged About 50 Years R/o Village Lalpur P.S. Balodabazar, District - Balodabazar - Bhatapara (C.G.). 4 - Deepak S/o Beni Yadav Aged About 21 Years R/o Village Lalpur P.S. Balodabazar, District - Balodabazar - Bhatapara (C.G.). 5 - Shivprasad S/o Teejram Yadav Aged About 26 Years R/o Village Lalpur P.S. Balodabazar, District - Balodabazar - Bhatapara (C.G.). 6 - Pooran S/o Teejram Yadav Aged About 28 Years R/o Village Lalpur P.S. Balodabazar, District - Balodabazar - Bhatapara (C.G.). ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.12.19 16:26:16 +0530 2 7 - Bedran S/o Teejram Yadav Aged About 30 Years R/o Village Lalpur P.S. Balodabazar, District - Balodabazar - Bhatapara (C.G.) ... Respondents For the appellants : Mr. Anil Singh Rajput, For the respondents : ……. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 19.12.2025 1. This acquittal appeal u/s 378(4) of CrPC read with Section 419(4) of BNSS 2023 has been filed against the impugned order dated 24.09.2024 whereby the learned Judicial Magistrate First Class, Baloda Bazar dismissed the Criminal Case No. 1193/2018 filed by the complainants which has resulted in acquittal of the accused/ respondents under Sections 447/34, 427/34, 294, 323/34 of IPC. 2. At the outset, 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 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. Learned counsel for the appellants further submits that the Supreme Court in the said case has reserved the liberty in favour of the petitioner therein to file the appeal, therefore, in the instant case also the appellants may be permitted to withdraw this appeal with liberty to file the 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 3 appellants 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 appellants to file the appeal within a period of 60 days 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 copies of the impugned judgment/ order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 5. Registry shall also send back the record to the concerned Court. Sd/- (Sanjay Kumar Jaiswal) Judge Rao