Pukhraj Singh Chandel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 410 of 2017 Pukhraj Singh Chandel S/o Beer Singh Chandel, Aged About 47 Years R/o Tulsipur, Near Railway Fatak, Ward No. 18 Rajnandgaon Tahsil And District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Superintendent Of Police Durg, District Durg Chhattisgarh

2. Station House Officer, Police Station City Kotwali, Durg, District Durg Chhattisgarh ---- Respondents For the Petitioner : Shri T.K. Jha, Advocate.

For the Respondent / State :

Shri Neeraj Sharma, Deputy G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

22.09.2017 1.

Heard.

2.

This petition has been brought under Section 482 of the Code of Criminal Procedure with a prayer to quash the First Information Report registered at police station Purani Bhilai, Durg in Crime No. 526 of 2016. 3.

Learned counsel for the petitioner submits that the charge-sheet has been filed and the petitioner is being prosecuted for the offences under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner is in jail since 8.12.2016. The ground raised in this petition is that the police station Purani Bhilai, Durg had no jurisdiction to entertain and investigate the offence against the petitioner.

4.

Learned State counsel has opposed the submissions made by the counsel for the petitioner.

5.

Heard counsel for both the parties and perused the documents on record.

6.

As the charge-sheet has been filed against the petitioner before the Court below, the petitioner shall have the liberty and option to raise the objection on the point of jurisdiction before the trial Court. Hence, on the basis of this observation, there is no further need to entertain this petition. 7.

In view of above, this petition is disposed off with a direction to the trial Court to decide the case against the petitioner as expeditiously as possible. Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi