Raman Kataria v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (Cr.) No.

of 201 Raman Kataria, S/o H.V. Kumar, Aged 51 years, R/o E-14, Parijit Extension Nehru Nagar, Bilaspur (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Home Department, Mantralaya, Naya Raipur (C.G.)

2. Superintendent of Police, Bilaspur, District Bilaspur (C.G.)

3. Thana In Charge, Chakarbhata Police Station, Bilaspur, District Bilaspur (C.g.)

4. Vikas Sharma, S/o Naresh Sharma, Aged about 24 years, R/o Shrivas Bhavan, Near Mangla Chowk, Bilaspur (C.G.) ---- Respondents For Petitioner:

Ms. Rajni Sorean, Advocate.

For Respondents No. 1 to 3/State: Mr. Ramakant Mishra, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board /0 6 /201 Heard.

(1) Grievance of the petitioner is that while registering the offences in the matter of accident, which happened on 8th May, 2016, the police authorities have not registered the offence under Section 304 part II of the Indian Penal Code though the offence under Sections 279, 337 & 304(A) of the Indian Penal Code have been registered.

(3) From the averments made in the petition, it is obvious that investigation is still going on. Result of investigation and filing of

charge sheet will ultimately decide whether the police has submitted the charge sheet for alleged various offences. At this stage, no direction can be issued in favour of the petitioner. It is open for the Investigating Officer to investigate the matter and submit proper charge sheet before the concerned Magistrate. The petitioner may submit appropriate application in this regard before the authority concerned, which shall be considered by the police authorities while investigating the matter.

(4) With the aforesaid observations, the writ petition stands disposed of.

Sd/- (Manindra Mohan Shrivastava) Vacation Judge D/-