Shankhdhar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.R. No. 1190 of 2019 • Shankhdhar Gupta S/o Shri Lalai Prasad Gupta Aged About 38 Years R/o Village- Mahkhor, Police Station- Majhouli, Distt. Sidhi Madhyapradesh Present Address- Amaharoad Near Fulmati Temple, Ward No. 23, Sidhi, P.S. - Kotwali, Distt. Sidhi Madhyapradesh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Out Post - C.S.E.B., P.S. - Kotwali, Korba, Distt. Korba Chhattisgarh ---- Respondent For Petitioner : Mr. Vivek Kumar Tripathi, Advocate.

For State/respondent : Mr. Jitendra Shukla, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-11-2019 Heard.

1. This petition has been brought being aggrieved with the charges framed against the applicant under Sections 379, 413 and 201 of I.P.C., which have been upheld by the trial Court.

2. Learned counsel for the applicant submits that there is no substance for framing of charge against the applicant because the trailer that has been seized in this case, is not the stolen property and that fact is not established in the charge-sheet.

3. Learned counsel for the State opposes the application and submits that there is sufficient material present for framing of charge in the chargesheet. Therefore, prayed that his application be rejected.

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

5. On perusal of the copy of the charge-sheet that has been filed along

-2with the petition, it is found that the dispute that has been raised by the applicant is subject matter of evidence to be established in defence. Therefore, I find no substance in this revision petition, hence, it is dismissed at motion stage.

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