Om Prakash Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 830 of 2020 • Om Prakash Kurre S/o Raj Kumar Kurre, Aged About 39 Years Presently Posted And Working As Sub Inspector, Police Station Kotwali, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh

2. Director General Of Police, Police Headquarters, Chhattisgarh, Raipur Chhattisgarh

3. Inspector General Of Police, Surguja Range, Surguja Chhattisgarh ---- Respondents For Petitioner :

Shri Vivek Shrivastava, Advocate For Respondents/State :

Ms. Richa Shukla, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/02/20

1. Heard.

2. Learned counsel for the petitioner would submit that the charge-sheet has been issued by the Inspector General and as per the police regulation 228, Inspector General is not empowered to issue the charge-sheet and it is only the Superintendent of Police who is empowered to issue the charge-sheet. He placed his reliance in the judgment passed in WPS No.4209 of 2015 & another connected matter dated 19.06.2018.

3. Learned State counsel opposes the arguments advanced by learned counsel for the petitioner and would submit that the regulation 228 stands amended by the notification dated 28th November, 2018 wherein for the word "Superintendent", the words "Officer not below the rank of superintendent of police" has been substituted.

4. Perused the notification dated 28th of November, 2018, wherein the police regulation already stands amended, in view of the same no relief can be granted to the petitioner.

5. Accordingly, the petition is dismissed.

Sd/- Goutam Bhaduri Judge Ashu