Badrinarayan And ORS v. State Of Chhattisgarh And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 266 of 2015

1. Badrinarayan, S/o Late Shri Panduram, Aged About 75 Years, R/o Village Tangartoli, Police Station And Tahsil Duldula, District Jashpur, Chhattisgarh.

2. Bhuneshwar Yadav, S/o Shri Banshidhar Yadav, Aged About 51 Years, R/o Village Tangartoli, Police Station And Tahsil Duldula, District Jashpur, Chhattisgarh.

3. Banshidhar Yadav, S/o Shri Badrinarayan, Aged About 39 Years, R/o Village Tangartoli, Police Station And Tahsil Duldula, District Jashpur, Chhattisgarh.

---- Petitioners

Versus

1. State of Chhattisgarh, Through The Collector Jashpur, Collectorate, Jashpur, District Jashpur, Chhattisgarh.

2. Khemaram Yadav, S/o Late Shri Gediyoram, Aged About 76 Years, R/o Village Tangartoli, Police Station And Tahsil Duldula, District Jashpur, Chhattisgarh.

3. Rudhar Yadav, S/o Shri Jagtoram Yadav, Aged About 55 Years, R/o Village Tangartoli, Police Station And Tahsil Duldula, District Jashpur, Chhattisgarh.

4. Smt. Mahima Bai, W/o Shri Rudhar Yadav, Aged About 45 Years, R/o Village Tangartoli, Police Station And Tahsil Duldula, District Jashpur, Chhattisgarh.

---- Respondents For Petitioners : Mr. Abhyuday Singh, Advocate.

For State : Mr. Udhaw Sharma, G. A.

Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 30.06.2021 1.

Learned counsel for the petitioners submits that the respondent Nos.2 to 4 have lodged a complaint against the petitioners before the Sub Divisional Magistrate, Kunkuri for registration of criminal case against them and the SDM vide order dated 25.11.2013 initiated the proceedings under Section 145 read

with Section 146 of CrPC against the petitioners and directed for attachment of standing crop, against which the petitioners filed Criminal Revision bearing No.03/2014 before the learned Additional Session Judge, Kunkuri and vide order dated 13.08.2014 dismissed the criminal revision. The petitioners being aggrieved by the said order, preferred a writ petition bearing WP227 No.216/2015 before this Court, which was disposed of vide order dated 25.03.2015 with liberty to the petitioners to prefer the CRMP.

2.

By the efflux of time, the petition has been rendered infructuous as Petitioners has already taken the benefits of standing crop, which was lying in the field at the time of the filing of the petition. 3.

In view of the above, the petition is accordingly dismissed as having been rendered infructuous.

4.

This Court has not examined the case on merits. The Petitioners are at liberty to raise the grounds mentioned in the petition in the appropriate proceedings if any exigency so arrives. Sd/- (Narendra Kumar Vyas) Judge Deepti Jha