Rajesh Kumar Kurrey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1939 of 2018 • Rajesh Kumar Kurrey S/o Shri Vashudev Kurrey Aged About 26 Years Occupation Service, Police Constable Police Station Navagarh Permanent R/oVillage Udka Post Office And Police Chowki Fastarpur P.S. Mungeli, DistrictMungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through- Police Station City Kotwali Bemetara, DistrictBemetara, Chhattisgarh., District : Bemetara, Chhattisgarh

2. Kumari Tarani Mire D/o Late Shri Mohan Mire Aged About 25 Years R/o- Village Junwani Kala, Post Kheda, Tahsil Nawagarh, P.S. Nandghat, DistrictBemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Respondents PRESENT:- Shri Dheerendra Pandey, counsel for petitioner/s. Shri Ashish Shukla, Dy.AG 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