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2025 DAILYLAW 55812 (CHH)

SURENDRA KUMAR SAHU v. SANDHYA SINGH

ACQA/1087/2024 · 2025-12-09

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 1087 of 2024 Surendra Kumar Sahu S/o Late Nawal Kishore Sahu Aged About 37 Years R/o Pathraguda Para, Jagdalpur, District Bastar Chhattisgarh ... Appellant versus 1 - Sandhya Singh W/o Santosh Singh Aged About 40 Years R/o L.I.C. Colony, Dharampura Road, Jagdalpur, District Bastar Chhattisgarh 2 - Yogendra Kumar Sahu S/o Nawal Kishore Sahu Aged About 52 Years R/o Pathraguda Para, P.S. Kotwali, District Bastar Chhattisgarh ... Respondent(s) For Appellant : Mr. Shishir Dixit, Advocate For Respondents : Mr. S. S. Barik, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 10/12/2025 1. This acquittal appeal U/s 378(4) of the Cr.P.C. has been filed against the judgment dated 28.09.2018 passed by learned Judicial Magistrate First Class, Bastar place Jagdalpur (C.G.) in Criminal Case No. 436/2010 whereby the respondents/accused have been acquitted of the charge under Section 420 of IPC. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.12.11 11:12:23 +0530 2 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 this order before the appropriate Court, in accordance with law. It is 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 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