Rambilas Kushwaha v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 827 of 2018
1. Rambilas Kushwaha S/o Shri Ayodhya Prasad Kushwaha, Aged About 26 Years
2. Urmila D/o Ayodhya Prasad Kushwaha Aged About 22 Years
3. Sunita Devi W/o Shri Ayodhya Prasad Kushwaha Aged About 50 Years
4. Ayodhya Prasad Kushwaha S/o Shri Bhoki Ram Kushwaha Aged About 55 Years
5. Arvind S/o Ayodhya Prasad Kushwaha Aged About 18 Years All R/o Village Mendhari, Police Station Basantpur, Tahsil Wadrafnagar, District Balrampur Ramanujganj, Chhattisgarh ---- Petitioners
Versus
1. State of Chhattisgarh Through Station House Officer, Police Station Basantpur, District Balrampur, Chhattisgarh
2. Urmila D/o Ramdayal Gond Aged About 15 Years R/o Village Mendhari, Police Station Basantpur, Tahsil Wadrafnagar, District Balrampur Ramanujganj, Chhattisgarh Through Ramdayal Gond, ---- Respondents For Petitioners :
Shri Amarnath Pandey, Advocate For Respondent-State :
Shri Sangharsh Pandey, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/04/2018
1. Heard
2. The present petition is for quashing the FIR bearing No.104/17 registered at Police Station Basantpur, District Balrampur under Sections 363, 366, 376 (2- <+), 323, 342, 34 IPC and Section 5 (B)/6 of the Protection of Children
from Sexual Offences Act, 2012 and Section 3 (b) (i), 3 (2) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Learned counsel for the petitioners submits that the petitioners may be given a liberty to approach the trial Court and till then they may be protected by an interim order and they are ready to face the trial.
4. Prayer in the like nature cannot be granted by this Court in exercise of power under Section 482 CRPC in view of the law laid down in the case of State of Telangana Vs. Habib Abdullah Jeelani & others {(2017) 2 SCC 779}. The petitioners always are at liberty to move suitable application for regular bail or anticipatory bail, if so advised.
5. The petition has no merit. It is accordingly dismissed. Sd/- Goutam Bhaduri Judge Ashu