High Court Of ChhattisgarhMCRCA/676/2017disposed off

Smt. Champa Devi @ Champakali v. State Of Chhattisgarh

2017-09-01Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 676 of 2017 Smt. Champa Devi @ Champakali W/o Aadesh Kumar Kanaujiya, Aged About 21 Years R/o Village Karamdiha, P.S. Basantpur, District Balrampur-Ramanujganj, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Basantpur, District Balrampur-Ramanujganj, Chhattisgarh ---- Respondent For applicant Mr. A.K. Yadav, Adv.

For Respondent/State Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 1-91. At the outset, learned counsel for the applicant submits that instant MCRCA may be disposed of as withdrawn as the applicant intends to surrender before the concerned court of Judicial Magistrate First Class having jurisdiction and further intends to file an application under Section 437 of the Cr.P.C. He further submits that concerned court may be directed to hear the matter and decide the said application as early as possible preferably on the same day.

2. As prayed, instant MCRCA is disposed of as withdrawn without any appreciation on its merit. It is directed that if the applicant gives three days' prior notice to the IO/SHO/incharge of Police Station Basantpur, Civil Distt. Sarguja (CG) in connection with Crime No. 66/2017 under Section 294, 323, 506, 34 of the Indian Penal Code, 1860 and under Section 4 and 5 of the CG Tonhi Pratadana Niwaran Adhiniyam, 2005 regarding her surrender before the concerned Judicial Magistrate having jurisdiction and

also gives 3 days prior intimation to the concerned Judicial Magistrate having jurisdiction and if the applicant after surrender as per law files an application under Section 437 of the Cr.P.C. after completion of all formalities as required under the law by the police and the concerned Magistrate, the said application for release on bail under Section 437 of the Cr.P.C. be disposed of as expeditiously as possible preferably on the same day on the basis of its own merit.

3. The applicant herself may file copy of the order before the concerned court for compliance. Registrar (Judicial) is also directed to send copy of the order to the concerned Magistrate having jurisdiction through fax and usual mode immediately.

4. MCRCA is accordingly disposed of.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak