STATE OF CHHATTISGARH v. IMMANUAL NANDA

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 1303 of 2024

• State Of Chhattisgarh Through - District Magistrate, District Balod

(C.G.)

---- Petitioner Versus

• Immanual Nanda S/o S.D. Nanda Aged About 56 Years R/o Dhamtari Christen Hospital Police Station And District Dahmtari (C.G.), Permanent Address - Village Balodgahan, Police Station - Gurur, District Balod (C.G.)

---- Respondent ----------------------------------------------------------------------------------------------

For State : Mr. Ajit Singh Govt. Adv. ----------------------------------------------------------------------------------------------

Hon'ble Shri Arvind Kumar Verma, Judge Order on Board

18.06.2024

1. Heard on admission.

2. Also heard on I.A. No. 01/2024, an application for condonation of delay in filing the instant appeal.

3. Learned counsel for the State contended that the impugned order was passed on 21.09.2023, by the learned Court below and thereafter the Law& Legislative Affairs Department, Government of Chhattisgarh, Mantalaya, Naya Raipur, District Raipur vide its memo dated 22.03.2024 sent a proposal to the office of the Advocate General to file an acquittal against the impugned judgment and order dated 21.09.2023 passed by learned court below. Thereafter the case was placed before the learned Additional Advocate General and the subject case was marked to the Govt. Advocate for drafting acquittal appeal against the

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impugned judgment and order dated 21.09.2023 passed by learned Court below. Thereafter, as per the above said proposal this office initiated proceeding and certified copy of the impugned order and other relevant exhibited documents have been received from the concerned department and thereafter, the instant acquittal appeal was prepared and filed before the Court.

4. Learned State counsel to justify his reasons also relied upon the judgment of the Supreme Court in the matter of "State of Haryana Vs. Chandra Mani & Others", reported in (1966) 3

SCC 132.

5. On due consideration and for the reasons assigned therein and also looking to the judgment passed in the matter of "State of Haryana Vs. Chandra mani & Others(supra), I am inclined to allow the same.

6. Delay of 134 days in filing the appeal is hereby condoned.

7. Accordingly I.A. No. 01/2024 stands disposed of.

8. The present petition has been filed under Section 378(3) of the CrPC for grant of leave to appeal.

9. Petition being arguable is admitted for consideration.

10. Perused the impugned judgment and gone through the other material available on record.

11. On due consideration, the application is allowed and leave is granted. Registry is directed to register the present Cr.M.P. as regular acquittal appeal.

12. List this Acquittal appeal receipt of service report.

13. The present CRMP stand disposed of.

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14. In view of the above, let a bailable warrant for a sum of Rs. 5,000/- be issued against the respondent through the concerned Superintendent of Police, for their appearance before this Court on

22.08.2024.

15. List this case thereafter. Sd/-

(Arvind Kumar Verma) Judge

alfiza

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