High Court Of ChhattisgarhCRMP/1391/2019dismissed

Ashwani Tondrey v. State Of Chhattisgarh

2019-06-24Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

CRMP No. 1391 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1391 of 2019

1. Ashwani Tondrey S/o Shri Chandrashekhar Tondrey Aged About 34 Years Working As Sarpanch, Village Khurubhatha, Jairam Nagar, Masturi, District Bilaspur, Chhattisgarh R/o Village Khurubhatha, Jairam Nagar, Masturi, District Bilaspur Chhattisgarh

2. Rajesh Yadav S/o Late Shri Ganesh Ram Yadav Aged About 30 Years Occupation Farmer, R/o Village Khurubhatha, Jairam Nagar, Masturi, District Bilaspur, Chhattisgarh

3. Govind Ram Patel S/o Late Shri Parmanand Patel Aged About 60 Years Occupation Farmer, R/o Village Khurubhatha, Jairam Nagar, Masturi, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Masturi, District Bilaspur, Chhattisgarh

2. Smt. Prateema Kumari Chauhan W/o Manoj Kumar Patel Aged About 30 Years R/o Khurubhatha, Police Station Masturi, District Bilaspur, Chhattisgarh.

---- Respondent For Petitioners Mr. Aman Tamboli, Advocate For Respondent /State Mr. Priyank Rathi, Panel Lawyer Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 24/6/2019

1. Heard.

2. The petitioner would seek quashment of FIR No.203 of 2019 registered at Police Station Masturi for commission of offence

CRMP No. 1391 of 2019 punishable under Sections 294, 354, 323, 506/34 of IPC and Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Admittedly, the investigation is in progress and the charge sheet has not been filed. The allegation in the FIR, which is yet to be investigated, is that petitioner No.1 being the Sarpanch and other petitioners (villagers) of a Gram Panchayat have abused, restrained and criminally intimidated the complainant, who have performed inter-caste marriage. It is alleged that despite the in-laws of the girl having accepted her in the family, the petitioners are not allowing the couple to live peacefully in the village.

4. The matter deserves to be investigated. It is not a case where the FIR does not disclose any cognizable offence or that the dispute between the parties is of civil nature or there is an effort apparent for framing the petitioners in a proven false case.

5. No case for interference in the present petition is made out.

6. The CRMP is dismissed.

Sd/- (Prashant Kumar Mishra) Judge Shyna