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2023 Supreme(Chh) 187

SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
State of Chhattisgarh, Through Police Station Bhanupratappur – Appellant
Versus
Devdhar Nishad, S/o Rahipal Nishad – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Satish Chandra Verma, Advocate General with Mr. Ashish Tiwari, Government Advocate.
Amicus Curiae :Mr. Prasoon Agrawal, Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This acquittal appeal preferred under Section 21(1) of the National Investigation Agency Act, 2008 (for short, ‘the NIA Act’) is directed against the impugned judgment dated 5-2-2022 passed by the Special Judge (NIA Act) Scheduled Offences, Kanker, Distt. North Bastar Kanker in Special Sessions Trial No.21/2021 by which the respondent herein has been acquitted of the charges under Sections 489A read with Section 34, 489B read with Section 34 & 489D read with Section 34 of the IPC (Scheduled Offences under the NIA Act).

Brief facts: -

2. By virtue of sub-section (5) of Section 21 of the NIA Act, appeal under Section 21 has to be preferred within a period of thirty days from the date of the judgment, but since this appeal has been preferred by the appellant herein admittedly after 30 days from the date of judgment i.e. the date of judgment is 5-2-2022, whereas the appeal has been preferred on 20-12-2022 and by the first proviso to sub-section (5) of Section 21, delay in filing the appeal after the period of limitation of 30 days can be condoned and appeal can be entertained if the court is satisfied that the appellant has sufficient cause for not prefe

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