Shiv Prasad Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1711 of 2018

1. Shiv Prasad Singh S/o Marjhad Singh Thakur Aged About 53 Years R/oAaramachine, Azad Chowk, Niharika Korba, P.S. Kotwali, District- Korba, Chhattisgarh

2. Madan Lal Agrawal S/o Balak Ram Agrawal, Aged About 37 Years R/oJhargha, P.S.- Balco Nagar, District- Korba, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through- Station House Officer, Police Station- Balco Nagar, District- Korba, Chhattisgarh

2. Jakir Hussain S/o Mohammad Hussain R/o- Rani Road, Purani Basti, Korba, District- Korba, Chhattisgarh ---- Respondents For Petitioners :

Shri Vivek Tripathi, 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 petitioners have 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