Akash Kumar Vashtrakar & ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4953 of 2020 • Akash Kumar Vashtrakar, S/o. Raj Kumar Vashtrakar, Aged about 19 years, • Sanjeev Lahrey, S/o. Radheshyam Laharey, Aged 19 years Both R/o. Village Bharari, PS Kota, District Bilaspur CG ---- Applicants

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Kora, district Bilaspur CG ---- Respondent For Applicant : Shri Akhtar Hussain, Advocate For Respondent /State : Shri Devendra Pratap Singh, Dy. AG Hon'ble Smt. Justice Rajani Dubey Order On Board 19/08/2020 Counsel for the applicants submits that he may be permitted to withdraw this application with liberty to renew the same after examination of material witnesses.

To this, counsel for the State has no objection. Accordingly, the application is dismissed as withdrawn with the aforesaid liberty.

Sd/- (Rajani Dubey) Judge suguna

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1235 of 2020

1. Akash Kumar Vashtrakar S/o Rajkumar Vashtrakar Aged About 19 Years R/o Village Bharari, Police Station Kota, District Bilaspur Chhattisgarh.

2. Sanjeev Laharey S/o Radheshyam Laharey Aged About 19 Years R/o Village Bharati, Police Station Kota, District Bilaspur Chhattisgarh. ---- Petitioners

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kota, District Bilaspur Chhattisgarh.

---- Respondent For Petitioners :

Shri Akhtar Hussain, Advocate.

For Respondent :

Shri Rakesh Sahu, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order On Board 21.01.2021 By this CrMP, the petitioners seek modification of the order dated 19.08.2020 passed in MCRC No. 4953/2020 in which the application of the applicants was dismissed as withdrawn by this Court and a liberty was given to the applicants to renew the same after examination of material witnesses.

Learned counsel for the applicants submits that on the date of hearing i.e. on 19.08.2020 he had simply withdrawn the matter without any liberty but when copy of the order was uploaded, the words granting liberty were mentioned there as "with liberty to renew the same after examination of material witnesses", furthermore, due to pandemic Covid-19, there is no possibility of trial before the Court below, therefore, modification in the order

dated 19.08.2020 is required to be carried out and the same may be dismissed as withdrawn. In support of this case, he filed an afÏdavit regarding the same.

Upon due consideration, it is directed that in the order dated 19.08.2020 passed in MCRC No. 4953/2020, the words "liberty to renew the same after examination of material witnesses" may be deleted and instead, the same may be read as "dismissed as withdrawn"

With the modification as aforesaid, the Cr.M.P. stands disposed of.

Sd/- (Rajani Dubey) Judge Vijay Sahu