Tapeshwar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 670 of 2016 • Tapeshwar Singh S/o Akil Sai Aged About 28 Years R/o Village Davna, Police Station Ramanujnagar, District Surajpur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Station House, Police Station - Ramanujnagar, District Surajpur Chhattisgarh.

2. Ghursai S/o Gedaram Aged About 52 Years Occupation Cultivator,

3. Dev Singh S/o Ghursai Aged About 32 Years Both are R/o Village Davna, Police Station Ramanujnagar, District Surajpur Chhattisgarh.

---- Respondent For Petitioner Mr. Anil Gulati, Advocate For Respondent/State Mr. Ramakant Mishra, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 21/7/2016

1. This is an application seeking leave to appeal preferred by the brother of the deceased.

2. It is informed that the widow as well as parents of the deceased are available.

3. Under Section 372 read with Section 2 (wa) of Cr.PC, "victim" means a person who has suffered any loss or injury caused by

reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir.

4. In view of the above, learned counsel for the appellant seeks permission of this Court to withdraw this petition with liberty to move a duly constituted application within the meaning of the term "victim" as defined under Section 2(wa) of Cr.P.C.

5. Permission granted.

6. The CRMP is dismissed, as withdrawn with the aforesaid liberty.

7. The certified copy of the impugned order be returned to counsel for the petitioner after retaining a xerox copy of the same. Sd/- Sd/- Judge Judge (Prashant Kumar Mishra) (Chandra Bhushan Bajpai) Shyna