Dushyant Pandey, S/o. Late Shri Ramshankar Pandey vs State of Chhattisgarh, Through Police Station Janjgir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Chh) 171

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Dushyant Pandey, S/o. Late Shri Ramshankar Pandey – Appellant
Versus
State of Chhattisgarh, Through Police Station Janjgir – Respondent

Advocates Appeared:
For the Appellant : Mr. Sumit Singh.
For the Respondent:Mr. Ashish Tiwari, Government Advocate.
For the Objector : Mr. Ravindra Sharma.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Finding question of public importance involved in the criminal appeal, the learned Single Judge by order dated 14-2-2023, in exercise of power conferred under Rule 32(1) of the High Court of Chhattisgarh Rules, 2007, has referred the matter to the Hon’ble Chief Justice and in turn, the Hon’ble Acting Chief Justice by its order, directed the matter to be placed before DB-II and this is how the matter is before us on the following question of law / stated question: -

Question of Law / Stated Question: -

“Firstly, whether if an appeal against an order passed by a Special Court rejecting an application under Section 439 of CrPC, has been decided on merits or otherwise by this Court, the subsequent appeal under any change circumstances is maintainable before this Court?

If yes, whether this Court can entertain an appeal after the period of limitation as provided under the 2nd proviso clause of the Section 14A of the Special Act?”

Facts leading to this reference: -

2. The appellant herein was arrested in connection with Crime No.362/2022 registered at Police Station Janjgir, District Janjgir-Champa for commission of offence under Section 306 of the IPC and a