Rohit Kumar Mahilang v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 173 of 2015 Rohit Kumar Mahilang S/o Visheri Aged About 55 Years Caste Satnami, R/o Village Muchair, Chowki Chilphi, District Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Department Of Homes, Mantralaya Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Superintendent Of Police Mungeli, District Mungeli, Chhattisgarh

3. Additional Superintendent Of Police, Mungeli, District Mungeli, Chhattisgarh

4. Station House Officer, Police Station Lormi, Out Post Chilphi, District Mungeli, Chhattisgarh ---- Respondents For Petitioner :

Shri P.P.Sahu and Shri R.K. Pali, Advocates For Respondent/State :

Shri D.R. Minj,Dy. Govt. Advocate Order On Board 22/09/2015 Heard.

1. Case of the petitioner is that in the incident which happened in the intervening night of 29-30th August, 2014, Chandrbhan @ Bablu was murdered. Though offence has been registered against some of the accused, charge sheet filed and trial is going on, according to the petitioner, there are other persons involved in the alleged commission of offence, but the police has not carried out proper investigation to implead other accused of the case while filing charge sheet. Therefore, a direction may be issued to the police to further investigate the matter and file supplementary charge sheet including other accused named by the petitioner.

2. Charge sheet has already been filed, charges have been framed and the trial is going on. The petitioner himself is a witness. If the petitioner is examined, the petitioner may move appropriate application before the Court below under Section 319 Cr.P.C. for

impleading any other persons as accused on the basis of evidence, if any, which comes on records during examination of witnesses including the petitioner.

3. With the aforesaid observations, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Praveen