Ramesh Gahalot v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 280 of 2019 • Ramesh Gahalot S/o S. L. Gahalot Aged About 48 Years R/o Vikas Nagar 27 Kholi Bilaspur, District Bilaspur Chhattisgarh ---- Petitioner
Versus
• State of Chhattisgarh Through The Station House Officer, Police Station Civil Line, Bilaspur, District Bilaspur Chhattisgarh ---- Respondent For Petitioner :
Shri M.K. Sisoh, Advocate For Respondent/State :
Shri Ghanshyam Patel, GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/01/2019
1. Heard.
2. The present petition has been filed against the order dated 03.08.2018 whereby the revisional Court in a proceeding which arose from the proceedings under Section 145 Cr.P.C., has allowed the application of the affected parties namely Sarojni Ailani, Neeta Ailani and Gopichand Ailani and has ordered to make them party.
3. Learned counsel for the petitioner submits that in proceeding under Section 145 Cr.P.C., the said persons were neither parties nor anywhere were affected, whereas the case was against the State, therefore, impleading them as party as ordered by the revisional Court is completely wrong, therefore, it is required to be set aside.
4. Perusal of the order would show that an application was filed by Sarojni Ailani and Neeta Ailani to make them party in a proceedings of revision which arose out of a proceeding under Section 145 Cr.P.C. The order would show that in the earlier occasion on 24.07.2015 Neeta Ailani and Sarojani Ailani had also preferred a criminal revision bearing No.149/2015 in respect of the same property. The revisional Court by referring to such earlier proceeding has held that considering the facts involved, their interest is also the paramount, therefore, they are directed to be made a party. The instant petition is also delayed by 49 days and the reason for delay has been assigned that earlier the petition was filed but no any application to condone the delay was filed and subsequently the application has been preferred. Virtually no reason has been assigned to condone the delay. The petition appears to be completely frivolous and without any merit. It is accordingly dismissed. Sd/- Goutam Bhaduri Judge Ashu