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2026 DAILYLAW 39140 (CHH)

STATE OF CHHATTISGARH v. LACHCHHU MUNDA @ LAXMAN

CRMP/2629/2026 · 2026-10-08

Shri Narendra Kumar Vyas, Shri Sudhir Kumar

body2026

Judgment text

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1 CGHC010346872026 2026:CGHC:43783-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2629 of 2026 1. State Of Chhattisgarh Through- The Station House Officer, Police Station Jashpur, District Jashpur (C.G.) ... Appellant versus 1. Lachchhu Munda @ Laxman S/o Budhram Munda, Aged About 55 Years R/o Gram Rani Bagicha, Jashpur, Thana Jashpur, District Jashpur (C.G.) ... Respondent For Appellant : Ms. Anusha Naik, Dy. Government Advocate For Respondent : None D.B.:- Hon'ble Shri Justice Narendra Kumar Vyas & Hon’ble Shri Justice Sudhir Kumar Order on Board 09.10.2026 1. Learned counsel for the appellant/State would submit that default pointed out by the Registry is cured. 2. Heard on I.A. No. 01/2026, an application for condonation of delay occurred in filing of the instant CRMP. 3. On due consideration, the same is allowed and delay in filing the instant CRMP is hereby condoned. 4. Also heard on admission. MANISH YADAV Digitally signed by MANISH YADAV Date: 2026.10.13 10:59:38 +0530 2 5. The present application filed under Section 419(3) of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of leave to appeal. 6. Learned counsel for the appellant would submit that the victim is deaf, dumb and mentally retarded. She would further submit that the victim has initially supported the case of the prosecution, but after the application under Section 311 of Cr.P.C. was filed after laps of 7 months, subsequent to which she could not support the case of the prosecution. 7. This Court has to examine in what circumstances the trial Court has allowed the application under Section 311 of Cr.P.C. whereas the law prohibits the re-examination of a victim of an offence against women. Thus, the application for grant of leave to appeal is allowed. Registry is directed to register the case as regular Acquittal Appeal and after two weeks bailable warrant for a sum of Rs. 5,000/- be issued against the respondent through concerned Superintendent of Police for seeking his presence before this Court on 6th April, 2027. 8. In view of the above, present CRMP stand disposed of. 9. The acquittal appeal be listed on 6th April, 2027 for final disposal in motion hearing stage. Sd/- (Narendra Kumar Vyas) Judge Sd/- (Sudhir Kumar) Judge Manish