Shubhashu Tiwari @ Golu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1235 of 2018 • Shubhashu Tiwari @ Golu Son of Rajendra Tiwari, Aged About 24 Years R/o Geetanjali City, Sarkanda, District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Police Station Sarkanda, Bilaspur, District : Bilaspur, Chhattisgarh

2. Ku. Pragya Upadhyay D/o Shri Pradeep Upadhyay, Aged About 23 Years R/o Lingiyadeeh, Ward No.4, Police Station Sarkanda, Bilaspur, District : Bilaspur, Chhattisgarh ---- Respondents PRESENT:- Ms. Sharmila Singhai, counsel for petitioner/s. Shri Ashish Shukla, Dy.AG for State.

Shri Ravish Verma, counsel for respondent No.2 Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 31/08/2018 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