Prem Kumar Nirala v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1100 of 2018 • Prem Kumar Nirala S/o Ashwani Kumar Nirala Aged About 29 Years R/o Village Hardi, Post Dhangaon, P. S. Bilaigarh District Baloda BazarBhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The District Magistrate, Baloda BazarBhatapara District Baloda Bazar- Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

2. Pratibha Burman D/o Gangadhar Burman Aged About 64 Years (Since Minor) Through Smt. Firtin Bai W/o Gojo Burman R/o Village Dhobnidih, P. S. Bilaigarh District Baloda Bazar- Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents PRESENT:- Shri Akash Pandey, counsel for petitioner/s.

Shri Ramakant Mishra, Dy.AG for State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/08/2018 1.

Though number of arguments are being raised before this Court to challenge institution of criminal proceedings, this Court finds that this petition is being filed at this stage when investigation is complete and the charge sheet has already been filed before the Court below and the case awaits framing of charges. Therefore, in these circumstances, when the petitioner has remedy to argue against framing of charge before the Court below in appropriate stage of proceedings, I am not inclined to entertain this petition. 2.

The petition is therefore dismissed. However, the petitioner would be at liberty to raise all the grounds as may be available under the law including the

grounds raised in this petition, at the stage of framing of charge to convince the Court below that no case is made out worth framing of charges. SD/- (Manindra Mohan Shrivastava) J U D G E Tumane