Pilwa Das Narang v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 241 of 2015 • Pilwa Das Narang S/o Late Vaid Nath Narang, Aged About 75 Years R/o Village Dhaneli, Post Giroud, Thana Dharsinwa, District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secreary, Home Department Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh

2. Collector, Bemetara, District Bemetara Chhattisgarh

3. Superintendent Of Police, Bemetara, District Bemetara Chhattisgarh

4. Sub Divisional Officer ( Police), Bemetara, District Bemetara Chhattisgarh

5. Station House Officer, Nandghat, District Bemetara Chhattisgarh

6. Lakhabir Singh S/o Shri Dheluram, Aged About 44 Years Occupation Cultivator,

7. Sushil Kumar, S/o Shri Mahesh, Aged About 40 Years

8. Smt. Heminbai, W/o Shri Sushil Kumar, Aged About 38 Years

9. Smt. Ganeshwari, W/o Shri Lakhabir Sinigh, Aged About 36 Years Respondent No. 6 to 9 are R/o Village Gidhawa, Post Nagdha, Thana Nandghat, Tahsil Navagarh, District Bemetara Chhattisgarh ---- Respondents For Petitioner :

Shri RS Patel, Advocate For Respondents-State :

Shri Adhiraj Surana, Dy. GA for the State Shri JS Sahare, SHO, Police Station Nandghat is also present. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/01/2016

1. In this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for monitoring of investigation and arrest of

respondents No.6 to 9 against whom crime No.384/14 has been registered at Police Station, Nandghat, district Bemetara for offence under Section 420 IPC.

2. Shri JS Sahare, SHO, Police Station Nandghat, appearing in person would submit that respondents No.6 to 9 have been arrested and the charge-sheet has already been filed before jurisdictional Magistrate.

3. At this stage, Shri RS Patel, learned counsel for the petitioner would submit that the charge-sheet should also have been filed under Section 468 & 474 IPC, however, the said offence have been ignored in the charge-sheet.

4. Since charge-sheet has already been filed, it will remain open for the petitioner to appear before the jurisdictional Magistrate at the time of framing of charges and submit before him that charges should also be framed for offence under Sections 468 & 474 IPC. In such eventuality, the trial Magistrate shall consider and pass necessary orders in accordance with law, based on the evidence available in the charge-sheet.

5. In view of the above, the writ petition stand disposed of. Sd/- Judge Prashant Kumar Mishra ashu