Ayub Ali v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 121 of 2015 • Ayub Ali S/o Mohammad Ali Aged About 32 Years R/o Village Chorbhatti - Khurd P.S. Takhatpur Civil & Revenue District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary Home Ministry, Mahanadi Bhavan Mantralaya Naya Raipur (Chhattisgarh).

2. Inspector General Of Police, Bilaspur Range Bilaspur (Chhattisgarh)

3. Superintendent Of Police, District Bilaspur (Chhattisgarh)

4. Police Station House Incharge, Tarbahar Bilaspur District Bilaspur (Chhattisgarh).

---- Respondent For Petitioner Mr. Suresh Kumar Pandey, Advocate For Respondent /State Mr. Adhiraj Surana, Dy. G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 7/12/2015 Mr. S.C. Shukla, SHO, Police Station, Tarbahar, Bilaspur is present in person.

(2) This writ petition has been preferred for proper investigation, arresting of the accused persons and submission of charge sheet before the competent Court as also for taking action against the responsible Police OfÏcer of Tarbahar Police Station, who had illegally released the accused persons after arresting them in a non-bailable offence.

(3) At the outset, learned counsel for the State would submit that the investigation has been completed and charge sheet has been filed before the jurisdictional Magistrate. He would submit that the Police OfÏcer has acted within the authority of law. (4) In view of the above, the writ petition is disposed of with the observation that if the petitioner/complainant so desires, he may appear before the jurisdictional Magistrate at the time of framing of charges and submit his case. If any other cause of action still survives for adjudication, the petitioner would be at liberty to move afresh before this Court.

(5) The writ petition stands disposed of in the above terms. Sd/- Judge (Prashant Kumar Mishra) Shyna