Ramvichar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 174 of 2015

1. Ramvichar Yadav S/o Late Shri D.L. Yadav Aged About 62 Years R/o Village Batwahi, Post Raghunathpur, P.S. Lundra, Tahsil & District Surguja Chhattisgarh

2. Devnarayan Yadav S/o Shri Ramjag Yadav Aged About 40 Years Vice President Janpad Panchayat, Lundra, R/o Jail Road, Babupara, Ambikapur, P.S. Ambikapur, Tahsil & District Surguja Chhattisgarh ---- Petitioners

Versus

1. The State of Chhattisgarh Through The Secretary, Home Department Mahandi Bhawan, Mantralyaa, Naya Raipur, P.S. Rakhi, Tahsil & District Raipur Chhattisgarh

2. The Inspector General Of Police Range - Surguja Police Line, Ambikapur Chhattisgarh

3. The Superintendent Of Police Surguja, Office Of Superintendent Of Police Surguja Chhattisgarh

4. The Sub Divisional Officer ( Police ) Sitapur, Tahsil Sitapur, District Surguja Chhattisgarh

5. The Police Station Lundra Through The Station House Officer, Lundra, Tahsil Lundra, District Surguja Chhattisgarh

6. The Police Station Sadar Ambikapur, Thruough The Station House Officer, Sadar Ambikapur, Dsitrict Surguja Chhattisgarh

7. The Central Bureau of Investigation, Through: The Director, Central Bureau of Investigation, Plot No.5-B, 6th Floor, C.G.O. Complex, Lodhi Road, New Delhi Pin Code 110 003 ---- Respondents And WPCR No. 186 Of 2015 • Jaspal Singh Arora S/o Shri Harbans Singh Arora, Aged About 44 Years R/o Gurudwara Ward, Mayapur, Ambikapur, District Sarguja Chhattisgarh ---- Petitioner Vs

1. State Of Chhattisgarh Through The Chief Secretary, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur Chattsigarh

2. Secretary, Department Of Home, State Of Chhattsigarh, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur Chhattisgarh

3. Director General Of Police, Police Head Quarters, Chhhattisgarh, Raipur Chhattsigarh

4. Inspector General Of Police, Sarguja Range, Ambikapur Sarguja Chhattisgarh

5. Collector, Sarguja ( Ambikapur ) Chhattisgarh

6. Superintendent Of Police, Sarguja ( Ambikapur ) Chhattisgarh

7. Sub Divisional Officer ( Police), Sitapur, Tahsil Sitapur, Sarguja ( Ambikapur ) Chhattisgarh

8. Station House Officer, Police Station Lundra, Sarguja ( Ambikapur ) Chhattisgarh ---- Respondents For Petitioners (in WPCR 174/2015):

Shri SC Verma, Advocate For Petitioner (in WPCR 186/2015) :

Shri Jitendra Shrivastava, Advocate For Respondent-State :

Shri RK Gupta, Dy. AG for the State For Respondent No.7(in WPCR 174/2015): Shri Kishore Bhaduri, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/01/2016

1. Petitioners of WPCR 174/2015 & petitioners of WPCR 186/2015 had lodged FIR against each other for an incident of quarrel and assault happened on 21-6-15. In both the petitions they are alleging that the concerned police i.e. the Police Station, Lundra, district Surguja is not investigating the offence in a fair and impartial manner. Their allegation is that the other group is influential and is managing the investigation to suit their own interest, therefore, both the parties have prayed for a direction for

a CBI enquiry or enquiry in an independent manner.

2. Having seen papers and having heard learned counsel for the parties, including learned Deputy AG, it would appear that the incident is not of such nature which would warrant direction for a CBI enquiry. However, since both the parties are raising allegation against each other of influencing the investigation, it would be appropriate that the Superintendent of Police, Surguja, should look into the matter and permit filing of the charge-sheet only after approving the papers at his level.

3. Accordingly, both the writ petitions are disposed of. Sd/- Judge Prashant Kumar Mishra ashu