Deputy Inspector General Of Police v. Smt. Rekha Chaudhari
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.483 of 2017 1.
Deputy Inspector General Of Police Central Reserve Police Force, Pallipuram, Trivendram 695316, Permanent R/o VillageTrikalpur, Post- Mohadih, Police Station Rahatwar, DistrictBaliya, (Uttar Pradesh)
2. Sanjay Kumar Singh S/o Chandrashekhar Singh Aged About 41 Years Occupation- Service, Place Of Posting 222 Bn. C.R.P.F. Camp Nandini Mines, Police Station Nandini, District Durg, Chhattisgarh Permanenet R/o Village Trikalpur, Post- Mohadih, Police Station Rahatwar, District Baliya ( Uttar Pradesh) ---- Petitioners
Versus
1. Smt. Rekha Chaudhari W/o Late Ramunand Chaudhari Aged About 30 Years R/o House Number Chatai Raod Ward No. 7, Ahiwara, Police Station Nandini, Bhilai, Tahsil- Dhamdha, District- Durg, Chhattisgarh
2. Ku. Mitali D/o Late Ramunand Chaudhari Aged About 11 Years Minor Represented Through Mother Smt. Rekha Chaudhari W/o Late Ramuand Chaudhir, R/o House Number Chatai Raod Ward No. 7, Ahiwara, Police Station Nandini, Bhilai, Tahsil- Dhamdha, District- Durg, Chhattisgarh
3. Aryan S/o Late Ramuand Chaudhari Aged About 9 Years Minor Represented Through Mother Smt. Rekha Chaudhari W/o Late Ramuand Chaudhir, R/o House Number Chatai Raod Ward No. 7, Ahiwara, Police Station Nandini, Bhilai, Tahsil- Dhamdha, District- Durg, Chhattisgarh
4. Ram Ashish S/o Dashai Chaudhari Aged About 59 Years R/o House Number Chatai Raod Ward No. 7, Ahiwara, Police Station Nandini, Bhilai, Tahsil- Dhamdha, District- Durg, Chhattisgarh
5. Smt. Keshari Devi W/o Rama Ashish Aged About 53 Years R/o House Number Chatai Raod Ward No. 7, Ahiwara, Police Station Nandini, Bhilai, Tahsil- Dhamdha, District- Durg, Chhattisgarh --- Respondents For Petitioners : Mr. N.K. Vyas, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
18/07/2017 (1) Learned counsel appearing for the petitioners would submit that the petitioner have filed affidavit of Prashant Singh Yadav under Order 18 Rule 4 of CPC as examination in chief and photocopies of the Court of enquiry have already been produced on record before the trial Court and the original record could not produce before the trial Court on 29.06.2017 and, therefore, the trial Court has closed the right of the petitioner to lead evidence and the case has been fixed for final hearing on 14.07.2017 against which this petition under Article 227 of the Constitution of India has been filed by the petitioners herein. (2) I have learned learned counsel for the petitioner and perused the impugned order with utmost circumspection.
(3) Be that as it may, since the affidavit of Prashant Singh Yadav as examination in chief has already been filed and photocopies of the Court of enquiry has also been produced on record and only original document has to be produced before the trial Court, considering the submissions and difficulties pointed out to this Court, I deem it appropriate to grant an opportunity to the petitioners to lead evidence, subject to payment of cost of Rs.2,000/- to the claimants on the next date of hearing as fixed by the trial Court on 28.07.2017. However, the respondents are at liberty to move an application for modification of the order, if they are aggrieved.
(4) Consequently, the writ petition is allowed to the extent indicated herein-above. No order as to cost(s).
SD/- (Sanjay K. Agrawal) Judge L/-