Manju Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 21 of 2019 • Manju Patel W/o Vijay Patel Aged About 26 Years R/o Purani Basti Pendra, Police Station Pendra, District - Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, District - Raipur Chhattisgarh

2. Station House Officer Police Station Pendra, District - Bilaspur Chhattisgarh

3. Smt. Jyoti Rathore W/o Bhimsen Rathore Aged About 40 Years R/o Ward No. 5, Sarkari Para, Purani Basti Pendra, Police Station Pendra, District - Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri Ram Narayan Sahu, Advocate For Respondent/State :

Shri Ghanshyam Patel, GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/01/2019

1. Heard.

2. The present petition has been filed for quashing the FIR dated 28.04.2018 registered in Police Station Pendra.

3. Learned counsel for the petitioner submits that on the alleged date of incident, the petitioner was not present on the spot and she was at Allahabad (U.P.) for treatment of her child and her name has been falsely implicated. Learned counsel further submits that the name of the petitioner may be struck off from

the FIR.

4. On the whole, the plea of alibi has been forwarded simply because the petitioner says that she was not on the spot, which cannot be accepted as gospel truth, it is a matter of investigation. Quashing the FIR at this stage would amount to exonerate the petitioner without any enquiry. In view of this, I do not find any merit in this petition to entertain the same. It is accordingly dismissed.

Sd/- Goutam Bhaduri Judge Ashu