Manik Mehta v. State Of Chhattisgarh And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.218 of 2015 Manik Mehta, S/o Late Shri Vishnu Datt Mehta, aged about 42 years, R/o 48/6, Nehru Nagar, Pashchim Bhilai, Police Station Bhilai-3, Civil and Revenue District Durg, Chhattisgarh ---- Applicant versus

1. State of Chhattisgarh through Police Station Tikrapara, Civil and Revenue District Raipur, Chhattisgarh

2. Chandu Das Verma, S/o Late Shri Awadh Ram Verma, aged about 58 years, posted as Deputy Collector, Bijapur, District Bijapur, Chhattisgarh --- Respondents For Applicant : Shri S.C. Verma, Advocate For State/Respondent No.1 : Shri Ashish Shukla, Government Advocate For Respondent No.2 :

Shri Manoj Paranjape, Advocate For Intervener :

Shri Rajeev Shrivastava, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 19.1.2018 1.

The matter is listed for hearing and orders on I.A. No.2 of 2017 for taking charge-sheet and other relevant documents on record, I.A. No.1 of 2015 for grant of stay and I.A. No.1 of 2017 for stay of further proceedings. I.A. No.2 of 2017 is allowed and the documents are taken on record.

2.

This is an admitted revision. With the consent of Learned Counsel appearing for the parties, the matter is heard finally at this stage itself.

3.

Heard Learned Counsel appearing for the parties and perused the impugned order dated 29.1.2015 passed by the 1st Additional Sessions Judge, Raipur in Sessions Trial No.341 of 2013 as also the material available on the record of this revision. 4.

It appears that an application submitted under Section 319 Cr.P.C. and another application submitted under Section 451 Cr.P.C. have

not been decided by the Learned Additional Sessions Judge and vide the impugned order dated 29.1.2015 both the applications have been directed to be kept pending till evidence of the prosecution is concluded.

5.

Learned Counsel appearing for the parties submit that the evidence of the prosecution is likely to conclude soon and the applications under Section 319 Cr.P.C. and Section 451 Cr.P.C. are still pending, therefore, the Trial Court may be directed to decide the above-mentioned two applications immediately after the evidence of the prosecution is concluded.

6.

Considering the submissions put-forth and the material available on record of this revision, it is directed that the Trial Court, immediately after the evidence of the prosecution is concluded, shall decide the aforesaid two applications preferred under Section 319 Cr.P.C. and Section 451 Cr.P.C.

7.

With the aforesaid direction, the revision is disposed of. Sd/- (Arvind Singh Chandel) Judge Gopal