High Court Of ChhattisgarhWPCR/221/2015dismissed

Abhinandan Nathani @ Mannu Nathani v. State Of Chhattisgarh

2015-10-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 221 of 2015 Abhinandan Nathani @ Mannu Nathani S/o Late Shri Madan Gopal Nathani, Aged About 34 Years R/o 402, Fourth Floor, Ashoka Ratan, Khamhardih, Police Station Pandri (Mowa), Civil & Revenue District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Principal Secretary, Law & Legislative Department, Mantralaya, Capital Complex, Mahandi Bhawan, New Raipur, Police Station Rakhi, Civil & Revenue District Raipur Chhattisgarh

2. Home Department, Through Its Secretary, Mantralaya, Capital Complex, Mahandi Bhawan, New Raipur Police Station Rakhi, Civil & Revenue District Raipur Chhattisgarh

3. The Collector, Raipur, Civil & Revenue District Raipur Chhattisgarh

4. Police Station Civil Lines, Through Its Station House Officer, Civil & Revenue District Raipur Chhattisgarh

5. Police Station City Kotwali, Through Its Station House Officer Civil & Revenue District Riapur Chhattisgarh ---- Respondents For Petitioners :

Shri Bhaskar Payashi, Advocate For Respondent/State :

Shri R.K. Gupta, Dy.A.G.for the State.

Order On Board 05/10/2015 Heard.

The petitioner, who is facing trial in connection with Crime No.414/2011 and No.428/2011, has assailed legality and validity of order dated 8.9.2015 on the submission that the appointment of the Prosecutor to represent case of the prosecution is illegal and opposed to the provisions contained in Section 24 (8) of the Cr.P.C. and petitioner smacks that in order to ensure his conviction, this is being done because the petitioner has made serious allegation against various police officers. Irrespective of the merits of the case, the petitioner has no locus to challenge the legality of the said order. The order does not in any manner affect the defence of the

petitioner. The petitioner himself is the accused. It is beyond all comprehension as to how the petitioner is aggrieved by the said order. The petition is misconceived and is, therefore, dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen