High Court Of ChhattisgarhWPCR/934/2019disposed off

Vicky Jaiswal v. State Of Chhattisgarh

2019-09-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(Cr.) No. 934 of 2019

1. Vicky Jaiswal S/o Shri Ashwini Jaiswal Aged About 28 Years R/o Main Road Beltara, Police Station Ratanpur, District Bilaspur, Chhattisgarh

2. Bhishm Narayan @ Bhunesh Rajput S/o Shri Chhatrapal Singh Rajput Aged About 26 Years R/o Jaali, Police Station Ratanpur, District Bilaspur, Chhattisgarh

3. Indrajeet Kaushik S/o Shri Nand Kumar Kaushik Aged About 25 Years R/o Dagori, Police Station Belha, District Bilaspur, Chhattisgarh ---- Petitioners

Versus

• State Of Chhattisgarh Through Police Station Civil Lines, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner : Mr. Achyut Tiwari, Advocate.

For State/respondents : Mr. Ghanshyam Patel, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-09-2019 Heard on admission.

1. This petition has been brought under Article 226 of the Constitution of India praying for issuance of appropriate writ and directions.

2. Learned counsel for the petitioner submitted that the petitioner No.1 is a proprietor of a registered medical shop and he is a licensed holder from Food and Drugs Administration, Bilaspur City. The grievance of the petitioner is that the police have not investigated the case in a fair manner and according to the present prosecution case, it is given to believe that the petitioner was an unlicensed stockist of the medicines which were stocked by him for sale by prescription. Therefore, on this basis, it is prayed that specific direction be issued to the respondent for

-2making additional investigation.

3. Learned counsel for the State opposes the application.

4. Heard learned counsel for both the parties and perused the documents.

5. After considering on the submissions made by both the sides, I feel inclined to dispose off this petition at motion stage with following directions:- (a) Respondent is directed to conduct the additional investigation by making seizure of documents or license etc. which the petitioners want to produce and to make a part of the same in the prosecution case. (b) Let this additional investigation be completed within a period of 15 days, till then the trial in the case against the petitioner shall be kept in abeyance. It is made clear that there is no stay after the passing of 15 days.

6. Accordingly, the petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Monika Judge