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High Court Of ChhattisgarhWPCR/1030/2011dismissed

Satya Narayan Sahu And ORS v. State Of Chhattisgarh And ORS

2021-01-07Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No.1030 of 2011

1. Satya Narayan Sahu aged about 41 years, R/o Shri Sita Ram Sahu, Sub Inspector (Excise), Kabirdham, Tah. & Distt. Kabirdham (CG)

2. Durga Singh Thakur, aged about 57 years, S/o Shri Bali Ram Singh Thakur, Assistant District Excise Officer Durg (CG) Tah. & Distt. Durg (CG)

3. Nand Kumar Parganiha, aged about 59 years, S/o Shri Munshi Ram Parganiha, Head Constable (Excise) Durg Interior North Tah. & Distt. Durg (CG) ---Petitioners

Versus

1. State of Chhattisgarh Through Principal Secretary Commercial Tax Department, Govt. of C.G. Secretariat, D.K.S. Bhawan, G.E. Road, Raipur (CG)

2. Excise Commissioner, Commercial Tax Department, Raipur (CG)

3. Chairman, State Public Service Commission of Chhattisgarh, Raipur (CG)

4. Baljeet Singh Bhatiya, aged about 37 years, S/o Late Shri Trilok Singh Bhatiya, R/o Amapara Balod, P.S. Balod, Tah. Balod, Distt. Durg (CG) ---Respondents For Petitioners :

Mr.V.G.Tamaskar, Advocate For Respondents No.1&2 :

Mr.Ravi Bhagat, Dy.G.A.

For Respondent No.4 :

Mr.B.P.Sharma, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 07/01/2021 1.

At the outset, Mr.V.G.Tamaskar, learned counsel for the petitioners would submit that the petitioners

have challenged the order taking cognizance in Criminal Complaint Case No.641/2010 (renumbered as 174/2013) by which cognizance for offences under Sections 465 and 469 read with Section 34 of the IPC has been taken, original complaint case has now been dismissed by the trial Magistrate on 19.9.2017 and no steps have been taken for restoration of that complaint. In that view of the matter, the petitioners seek permission of this Court to withdraw this writ petition with liberty to revive as and when cause of action arises, which is opposed by learned counsel for respondent No.4.

2.

Since the original complaint case has already been dismissed and the petitioners are seeking withdrawal of this writ petition, prayer is allowed. The writ petition is dismissed as withdrawn with liberty to revive as and when cause of action arises.

Sd/- (Sanjay K. Agrawal) JUDGE B/-