Jagdish Singh Saini v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 716 of 2016 Jagdish Singh Saini S/o late Shri Trilok Singh Saini, aged about 61 years, R/o HIG 10, Tatibandh, Raipur, P.S. Aama Naka, Civil & Revenue District- Raipur, C.G.

---- Petitioner

Versus

State of Chhattisgarh through Police Station in charge, PS Dharsiwa, Raipur, CG ---- Respondents For Petitioner :

Shri K. Raghavcharyulu with Shri Vaibhav Shukla, Advocates For Respondent State :

Shri Anupam Dubey, Dy. Govt. Advocate For Objector :

Shri Kishore Bhaduri with Shri Ashish Surana, Advocates Hon'ble Shri Justice P. Sam Koshy Order On Board 25.07.2016 Th present petition under Section 482 CrPC has been filed seeking for quashment of the FIR No.249/2014 registered at PS Dharsiwan, Raipur for the offence under Section 420, 409, 120-B/34 of IPC. 2.

Counsel for the petitioner in the course of argument submits that the State in the meanwhile filed the charge sheet on 21.08.2014 and in the said charge sheet the petitioner has not been shown as an accused. 3.

On the said submission made by the counsel for the petitioner, this Court is of the opinion that since in the charge sheet filed in the present case, the petitioner has not been shown as an accused nor has he been declared as an absconder, it appears that as of now he has not been made an accused in the case and therefore, the petition will not be maintainable. 4.

At this juncture, counsel for the petitioner prays for withdrawal of the petition with liberty to file appropriate application as and when the petitioner if at all is made an accused.

5.

Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty.

Sd/- P. Sam Koshy Bhola Judge