Ashok Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 710 of 2021 • Ashok Kumar Singh S/O Late Kamal Ban Singh, aged about 58 years, Resident of Village Janakpur, Thana Janakpur, Teh. Bharatpur, District:- Koriya, Chhattisgarh.

---- Petitioner

Versus

• State of Chhattisgarh, Through Station House Officer Janakpur, District:- Koriya (C.G.).

---- Respondent For Petitioner : Mr. Waquar Naiyer, Advocate For State : Mr. Gurudev I. Sharan, Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 22.07.2021 1.

Learned counsel for the petitioner would submit that he has filed the present petition under Section 482 of Cr.P.C. for nonfiling of charges by the Police under Section 307, 324, 332 & 333 of IPC against the accused. He would further submit that final report has not been submitted by their investigating Authority.

2.

Learned counsel for the State would submit that the petitioner has various remedies available under the procedure of Cr.P.C. by filling the appropriate application for alteration of charge under Section 216 of Cr. P. C. The petitioner has alternative and efficacious remedy available to him therefore, present writ petition under Section 482 of Cr.P.C. is not maintainable.

3.

Considering the facts & circumstances of the case, I am of

the opinion that the petitioner has alternative efficacious remedy available to him, therefore, the present petition under Section 482 of Cr.P. C. is not maintainable. Accordingly, the instant petition is disposed of with a liberty to the petitioner, in case any exigency arises, may file suitable application before the learned Judicial Magistrate or any other Court for framing of charges as per Section 216 of Cr.P.C.

4.

With this observation/direction the petition is disposed of. Sd- (Narendra Kumar Vyas) Judge Amita