Deodhar Mahant (D.D.Mahant) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.146 of 2018 • Deodhar Mahant (D.D.Mahant) S/o Late Shri Balram Das Mahant Aged About 61 Years R/o Old Block Colony Bijapur District Bijapur Chhattisgarh, District : Bijapur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sankra, Pithora, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondent CRMP No.1220 of 2018 • Bhim Kumar Sahu S/o Late Hira Ram Sahu Aged About 52 Years R/o Village Turijhar, Tahsil Bagbahara, Police Station Tendukona, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Sakara, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondent PRESENT:- Shri Goutam Khetrapal and Shri Harsh Wardhan Jaiswal, counsel for petitioner/s. Shri Ashish Shukla, Dy.AG for State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/09/2018 1.

Though number of arguments are being raised before this Court to challenge institution of criminal proceedings, this Court finds that these petitions are being filed at this stage when investigation is complete and the charge sheet has already been filed before the Court below and the case awaits framing of charges. Therefore, in these circumstances, when the petitioner has remedy to argue against framing of charge before the Court below in appropriate stage of proceedings, I am not inclined to

entertain these petitions.

2.

These petitions are therefore dismissed. However, the petitioner would be at liberty to raise all the grounds as may be available under the law including the grounds raised in this petition, at the stage of framing of charge to convince the Court below that no case is made out worth framing of charges. SD/- (Manindra Mohan Shrivastava) J U D G E Tumane