1 2025:CGHC:43286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 171 of 2019 Kunjlal Verma S/o Sarju Verma Aged About 44 Years R/o Village- Bardakhurd, Police Station- Ghumka, Tahsil And District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Appellant. versus Durgesh Yadav S/o Ajamsingh Yadav Aged About 29 Years R/o Village- Bardakhurd, Police Station- Ghumka, Tahsil And District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Respondent. With ACQA No. 175 of 2019 Godawari Bai W/o Late Shri Paras Verma Aged About 28 Years R/o Village- Bardakhurd, Police Station- Ghumka, Tahsil And District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Appellant. Versus Durgesh Yadav S/o Ajam Singh Yadav Aged About 28 Years R/o Village- Bardakhurd, Police Station- Ghumka, Tahsil And District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Respondent. For Appellants : Mr. Aniruddha Shrivastava, Adv on behalf of Mr. Shaleen Singh Baghel, Advocate. For Respondents : None. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.08.26 16:57:50 +0530 2 SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 26.08.2025 1. ACQA No. 171 of 2019. The appellant has filed this acquittal appeal against the judgment of acquittal dated 01.12.2018 passed by the Judicial Magistrate First Class, Rajnandgaon in CIS No.1808/2012, whereby, the respondent/accused has been acquitted of the charge under Section 500 of the Indian Penal Code. 2. ACQA No. 175 of 2019. The appellant has filed this acquittal appeal against the judgment of acquittal dated 01.12.2018 passed by the Judicial Magistrate First Class, Rajnandgaon in CIS No.1809/2012, whereby, the respondent/accused has been acquitted of the charge under Section 500 of the Indian Penal Code. 3. At the outset, learned counsel for the appellants submits that recently in the judgment dated 08.04.2025 rendered by the Hon’ble Supreme Court in the matter of Celestium Financial vs. A. Gnanasekaran Etc., 2025 INSC 804, 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. He submits that the case may be disposed of reserving liberty so as to avail the said remedy. 4. In view of the aforesaid submission and considering the law declared in the matter of Celestium Financial (supra), these appeals stand disposed of reserving liberty in favour of the appellants to file an appeal within a period of 45 days from the date of this order before the appropriate Court, in accordance with law. It is further made clear that if such an appeal is filed 3 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. 5. Registry shall return the certified copy of the orders/judgments and relevant documents to counsel for the appellants after retaining its photocopy. 6. Registry shall send back the record to the concerned Court. 7. Accordingly, the appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Ajay