Sanjay Pathak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1691 of 2018 Sanjay Pathak S/o Late Shri Jagdish Pathak Aged About 45 Years Occupation Clerk At Govt. College Pandariya R/o Pathakpara, Mungeli Present Address Gandhi Chowk Pandariya P. S. And Tahsil Pandariya Civil And Revenue Distt. Kabirdham Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Pandariya Distt. Kabirdham Chhattisgarh ---- Respondent For Petitioner :

Shri Vivek Tripathi, Advocate For State :

Shri R.K. Mishra, Dy. A.G.

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 Rekha