Satish Kumar Gautam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No. 10 of 2017

1. Satish Kumar Gautam, S/o. Raghu Raj Gautam, Aged about-29 years, R/o. Near Century Garden, Baniyapara, Tehsil- Dhamtari, Police Station - City Kotwali, Revenue & Civil District - Dhamtari (C.G.) (Accused)

2. Purna Chand Naik, S/o. Shri Sadhu Naik, Aged about-31 years, R/o. Subhash Nagar, Lal Bagicha, Tehsil - Dhamtari, P.S. - City Kotwali, Revenue & Civil District - Dhamtari (C.G.) (In jail) ---- Petitioners

Versus

1. State of Chhattisgarh, Through, Station House Officer R.P.F., Post- Raipur, Revenue & Civil District Raipur (C.G.)

2. Union of India, Through Railway Protection Force Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner : Mr. Surfaraj Khan, Advocate.

For Respondent No. 1 : Mr. Udhaw Sharma, Government Advocate For Respondent No. 2 : Mr. R. K. Gupta, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 13.07.2021

1. Learned counsel for the petitioners would submit that the petitioners have raised various objections with regard to continuation of the criminal proceedings pending against them. He would further submit that the petitioners may be granted liberty to raise all these objections before the competent court where the trial is pending.

2. The submission made by counsel for the petitioners is vehemently objected by the State Counsel as well as counsel for the respondent No. 2.

3. It is the right of the accused/petitioners to raise the objections

whatever they want to raise before the competent Court of jurisdiction where the trial is pending.

4. In view of above, the writ petition stands disposed reserving liberty in favour of the petitioners to raise all the objections before the Competent Court where the trial is pending.

5. Consequently, interim relief granted by this Court on 14.02.2017 shall stand vacated. However, the trial Court is directed to expedite the proceedings.

Sd- (Narendra Kumar Vyas) Judge amita