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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Narendra Kumar Vyas, J
Suraj Shah S/o Laxman Shah – Appellant
Versus
State Of Chhattisgarh – Respondent
Order :
(Narendra Kumar Vyas, J.)
1. Both the criminal Revisions arise out of the same incident therefore, they are heard analogously and are being disposed of by this common order.
2. The applicants filed instant Criminal Revision under Section 397 read with section 401 of CrPC assailing the judgment passed by the Sessions Judge, Dongargarh, District Rajnandgaon passed on 21.07.2022 in Criminal Appeal No. 05/2022 whereby the learned Sessions Court has set- aside the judgment dated 31.12.2021 passed by the learned Judicial Magistrate First Class Dongargarh by which the accused have been acquitted of the charges under Sections 120B, 420,4 67, 468 and 471 of the IPC and remanded back the matter to learned trial Court to consider the documentary evidence already on record and, if necessary, he may call the witnesses for examination.
3. Prosecution case, in brief is that on 04.02.2011 complainant Tulsi Mishra made a written complaint before Sub Divisional Officer alleging that Surendra Kumar who belonged to Kanwar (Adiwasi) has changed his caste to sell out the agricultural lands from Tribal to Non-tribal. It is alleged that the applicants in collusion with the then Patwari hatched crimina
The appellate court may remand a case for retrial if the trial court fails to consider vital evidence, ensuring justice is served.
A retrial ordered in an appeal against conviction is impermissible without a request from the convict, reaffirming that appellate courts cannot enhance sentences absent an appeal from other parties.
The public prosecutor must independently assess the legitimacy of withdrawal from prosecution under Section 321 Cr.P.C, ensuring it serves public justice.
The High Court has the power to interfere with an order of acquittal in revision in exceptional cases, such as when the trial court fails to exercise its power under Section 311 of the Code of Crimin....
The appellate court has the authority to admit additional evidence but must do so according to procedural law, ensuring fairness and compliance with defined legal requirements.
(1) Order of retrial wipes out from record earlier proceeding and exposes present accused to another trial – Retrial cannot be ordered merely on the ground that prosecution did not produce proper evi....
If only reconstruction is not possible to facilitate the High Court to hear and dispose of the appeals and the further course of retrial and fresh adjudication by the Sessions Court is also rendered ....
The execution of sale deeds by co-sharers exceeding their portion does not constitute forgery or criminal liability, reaffirming that such disputes are civil in nature.
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