Raj Shekhar Paliwal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1928 of 2018

1. Raj Shekhar Paliwal S/o Shri Dr. Vedpraksh Paliwal Aged About 51 Years R/o Sai Gunjan, Cross Street No. 8, Anand Nagar Near Maharishi Vidya Mandir Police Station Supela District Durg Chhattisgarh, District : Durg, Chhattisgarh

2. Smt. Meena Paliwal W/o Shri Rajshekhar Paliwal Aged About 51 Years R/o Sai Gunjan, Cross Street No. 8, Anand Nagar Near Maharishi Vidya Mandir Police Station Supela District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Station House Officer Police Station Nandani Nagar District Durg Chhattisgarh, District : Durg, Chhattisgarh

2. Karamvir Shastri R/o Dav Ispat Public School, Nandani Mines, Durg District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondents PRESENT:- Shri Sunil Otwani, counsel for petitioner/s.

Shri Anand Dadariya, Dy.GA for State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/09/2018 1.

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 investigation is complete and the charge sheet has already been filed before the Court below 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 below in appropriate stage of proceedings, I am not inclined to entertain this petition.

2.

This petition is therefore dismissed. However, the petitioner would be at liberty to raise all the grounds as may be available under the law including the grounds raised in this petition, 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) J U D G E Tumane