Devtosh Mukherjee @ Debu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 798 of 2019

1. Devtosh Mukherjee @ Debu S/o Badrishankar Mukherjee Aged About 53 Years R/o Budhimai Mandir Colony, Police Station City Kotwali, Raigarh, Tahsil And District Raigarh(C.G.)

2. Hrishitosh Mukherjee @ Rintu S/o Badrishankar Mukherjee Aged About 50 Years R/o Budhimai Mandir Colony, Police Station City Kotwali, Raigarh Tahsil And District Raigarh, Chhattisgarh.

3. Indrani Mukherjee W/o Hrishitosh Mukherjee Aged About 47 Years R/o Budhimai Mandir Colony, Police Station City Kotwali, Raigarh, Tahsil And District Raigarh, Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through It's Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan Atal Nagar, District Raipur, Chhattisgarh.

2. Superintendent Of Police Raigarh, District Raigarh, Chhattisgarh.

3. State Of Chhattisgarh Through The Station House Officer, City Kotwali, Raigarh, Chhattisgarh.

4. Badrishankar Mukherjee S/o Late Nimaicharan Mukherjee Aged About 86 Years R/o Budhimai Mandir Colony, Police Station City Kotwali, Raigarh, Tahsil And District Raigarh, Chhattisgarh. ---- Respondents For Petitioners : Mr. Sanjay Agrawal, Adv.

For State : Mr. Rakesh Sahu, Dy. G.A.

For Respondent No.4 : Mr. Surfaraj Khan, Adv.

Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 18.08.2021

1. Learned counsel for the petitioners would submit that during pendency of this writ petition, charge-sheet has already been filed. Therefore, he seeks permission of this Court to withdraw this present writ petition with liberty to file a fresh petition challenging the filing of charge-sheet, subsequent framing of charge and any further order passed by the Learned Judicial Magistrate First Class by taking appropriate remedy permissible to him under the law.

2. Considering the submission, the WP(Cr) No.798/2019 is dismissed as withdrawn with aforesaid liberty granted in favour of the petitioners.

Sd/- (Narendra Kumar Vyas) Judge Parul