Indrajeet Singh Rathore v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet M.CR.C.(A) No. 354 of 2019 Indrajeet Singh Rathore, S/o. Narendra Singh Rathore, Aged About 35 Years, R/o. H. No. 24, Rajgaripara, Kondagaon, District- Kondagaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : The Police Station- Makdi, District- Kondagaon, Chhattisgarh.

---- Respondent 13/03/2019 Mr. Raza Ali, Advocate for the applicant.

Mr. Arun Shukla, G.A. for the State.

Heard.

As the applicant had earlier filed application under Section 438 of Cr.P.C. before the Sessions Court, which has been dismissed as withdrawn. Therefore, this Court can not entertain the application under Section 438 of Cr.P.C. unless it is decided on merits by the trial Court. Hence for this reason the application is dismissed without commenting on the merits of this case.

On the prayer made by the counsel for the applicant, it is directed that the application shall be filed before the Court below and the Court below before deciding the application call for the report from the concerned Bank.

Sd/- (Rajendra Chandra Singh Samant) Judge balram