Raj Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1655 of 2018

1. Raj Kumar Sahu S/o Shri Punaram Sahu Aged About 36 Years R/o- Village Khapri, P.S. Sargaon, District Mungeli, Chhattisgarh, Civil And Revenue District- Mungeli, Chhattisgarh

2. Anand Nirmalkar S/o Late Shri Badri Prasad Nirmalkar Aged About 37 Years R/o- Village Kalyanpur, District- Janjgir-Champa, Civil And Revenue DistrictJanjgir-Champa, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through- The Secretary Department Of Home Mantralaya, Mahanadi Bhavan, Naya Raipur, Chhattisgarh.

2. Collector Mungeli, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh

3. Collector Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

4. Superintendent Of Police Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

5. Station Incharge Police Station Tarbahar, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioners :

Shri Ajay Mishra, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/08/2018 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 the charge sheet has already been filed before the Court 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 in appropriate stage of proceedings, I am not inclined to entertain this petition. The petition is therefore dismissed, however,

with liberty to raise all the grounds available under the law 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) Judge Deepti