Dhirendra Singh Parihar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 322 of 2021 Dhirendra Singh Parihar, Aged about 48 years, S/o Jai Pratap Singh Parihar, R/o Jail Colony, Katghora, Tahsil Katghora, Distt. Korba, Chhattisgarh.

--Petitioner

Versus

State of Chhattisgarh, Through the Station House Officer, Police Station Katghora, Distt. Korba, Chhattisgarh.

--- Respondent For Petitioner :- Mr. S.R.J. Jaiswal, Advocate For State :- Mr. Animesh Tiwari, Dy. A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09/04/2021

1. Learned counsel for the petitioner would submit that false FIR for offence punishable under Sections 376 and 450 of IPC has been registered against the petitioner at the instance of the complainant and taking the contents of the FIR as it is, no aforesaid offence is made out against the petitioner, as such, Crime No. 191/2020 registered against the petitioner at

Police Station Katghora, Distt. Korba be quashed.

2. I have heard learned counsel for the petitioner and perused the records.

3. After hearing learned counsel for the petitioner and going through the records, still it cannot be held that no case for offence punishable under Sections 376 and 450 of IPC is made out against the petitioner. Considering the material available on record, the argument made is premature. However, petitioner is at liberty to raise all his points during framing of charges before the trial Court.

4. With the aforesaid observation, the instant petition stands disposed of with the aforesaid liberty reserved in favour of the petitioner. Sd/- (Sanjay K. Agrawal) Judge Harneet