1 2025:CGHC:57262 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 346 of 2023 Vandana Mishra Pandey, W/o Satyaprakash Mishra, D/o Santosh Kumar Pandey Aged About 28 Years R/o Gali No. 6, New Shanti Nagar, Raipur Chhattisgarh. ... Appellant versus 1 - Satya Prakash Mishra S/o Hirendra Mishra Aged About 38 Years, 2 - Hirendra Mishra, S/o Late Sarya Narayan Shukla Aged About 66 Years 3 - Smt. Archana Shukla W/o Ajay Narayan Shukla Aged About 34 Years 4 - Ajay Narayan Shukla S/o Dinesh Narayan Shukla Aged About 40 Years 5 - Smt. Shashibala Mishra W/o Harendra Mishra Aged About 65 Years All above are R/o Village Ramchancrapur, Khushinagar P.S. Taraiya, Sujan District Allahabad, (Uttar Pradesh) 6 - State Of Chhattisgarh, Through The Station House Officer, Police Station City Kotwali, Mungeli District Mungeli Chhattisgarh. ... Respondents For Appellant : Shri Raza Ali, Advocate. For the Resp. No.6/ State : Shri Arpit Agrawal, Panel Lawyer. SB: Hon'ble Shri Justic e Sanjay S. Agrawal Order on Board 25/11/2025 1. Counsel for the appellant prays for withdrawal of this appeal with liberty to avail an alternative remedy in the light of the principle laid down by the Hon’ble Supreme Court in the matter of M/s Celestium Financial vs. A. Gnanasekaran Etc., reported in 2025 INSC 804, where right to file appeal under proviso to Section 372 Cr.P.C. was discussed and it was held that 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. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.11.25 18:10:57 +0530 2 2. Learned Counsel appearing for the appellant submits further 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 the Cr.P.C, and, therefore, in the instant case also the appellant may be permitted to withdraw this appeal with liberty to prefer an appeal before the concerned Session Judge under proviso to Section 372 Cr.P.C. corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. 3. In the light of the submissions made herein-above and considering the law declared by the Supreme Court in the said matter, this Court is inclined to permit the appellant to withdraw this appeal by granting him liberty to prefer the appeal against the impugned judgment dated 07/08/2023 passed by the Judicial Magistrate First Class, Raipur (C.G.) in Criminal Case No.218/2013, before the concerned Sessions Judge within a period of 30 days from the date of receipt of copy of this order. Order accordingly. 4. It is clarified that if such an appeal is preferred before the concerned Session Judge 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. 5. Registry shall return the certified copy of the impugned order Annexure-A/1 and relevant documents to counsel for the appellant after obtaining the photocopy of the same and, shall remit the record to the concerned Court forthwith. 6. The appeal is, acordingly, disposed of. Sd/- (Sanjay S. Agrawal) JUDGE Kamde