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High Court Of ChhattisgarhCRMP/441/2016disposed off

Manmohan v. The State Of Chhattisgarh

2016-04-18Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 441 of 2016 Manmohan, S/o Motilal Rajwade, aged about 30 years, R/o village Sagarpur, police station and tahsil Baikunthpur, Civil and Revenue District Koriya, Chhattisgarh.

---- Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station Baikunthpur, Civil and Revenue District koriya, Chhattisgarh. ---- Respondent For the Petitioner :

Shri Ashok Kumar Shukla, Advocate.

For the Respondent/ State :

Shri Lav Sharma, Panel Lawyer on advance copy.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 18/04/2016 1.

Issue notice to the Respondent.

2.

Shri Lav Sharma, Panel Lawyer accepts notice on behalf of the State/ Respondent.

3.

Also heard the instant Cr.M.P finally at the motion stage itself. 4.

By filing the instant Cr.M.P the Petitioner prays that Annexure - A/4, the carbon copy of the First Information Report filed in M.Cr.C.(A) No. 217 of 2016 may be returned as the same is only document regarding proof of the fact for lodging an FIR before the police station at Baikunthpur as Crime No. 195 of 2015.

5.

On due consideration, looking to the facts that any FIR recorded by the police under the provisions of Section 154 sub-section (1) of the Code of Criminal Procedure, 1973 (for short 'the Code') the police gives a copy of the information as recorded, under Section 154 sub-section (2) of the Code free

of cost to the informant. In view of above, the said carbon copy of the FIR is the only document of proof for lodging the FIR with the police and the same is required for the person who had lodged the FIR as prayed. 6.

On due consideration, the instant Cr.M.P is hereby allowed. 7.

Registry is directed to return Annexure - A/4 annexed in M.Cr.C.(A) No. 217 of 2016 to the Petitioner after taking a photocopy of the same in the said M.Cr.C.(A).

8.

Registry is further directed to annex a copy of this order alongwith M.Cr.C.(A) No. 217 of 2016.

9.

The Cr.M.P is disposed of.

Sd/- Chandra Bhushan Bajpai Judge Nimmi