Madhusudan Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 230 of 2020 • Madhusudan Mishra S/o Late Rambhora Mishra, Aged About 52 Years, R/o Prayag Kunj, Bajrang Chowk, Santoshi Nagar, Police Station - Tikrapara, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer Police Station - Golbazar, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent For Petitioner - Shri Akash Kumar Kundu, Advocate. For State/Respondent - Shri D.P. Singh, Deputy Advocate General. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 17-02-2020 Heard.

1.

This petition has been brought against the order of framing of charge against the petitioner under Section 384, 420, 467, 468 and 471 of the IPC and Section 3(1)(p), 3(2)(va), (vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

It is submitted by learned counsel for the petitioner that the prosecution of the petitioner is based on the forensic report which has been self generated by the complainant and that the payment of consideration amount was backdated by the petitioner is false statement. 3.

After considering on the submission made, I am of this view that the grounds raised by the petitioner are in reality grounds of defence and it is not a fact which is present in the material that is in the charge sheet filed against the applicant. Therefore, this is not a fit case for admission, therefore, this revision petition is dismissed at the motion stage.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil