Tekchand v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1741 of 2017

1. Tekchand S/o Late Bhagwandas Jaiswal, Aged About 48 Years,

2. Sameer S/o Tekchand Jaiswal, Aged About 25 Years, Both are R/o Sakti, Ward No. 6, Police Station Sakti, District Janjgir Champa Chhattisgarh. , District : Janjgir-Champa, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Sakti, District Janjgir Champa Chhattisgarh., Chhattisgarh

2. Jagdish Prasad S/o Harchand Ram Agrawal, Aged About 64 Years R/o Ward No. 6, Sakti, Police Station Sakti, District Janjgir Champa Chhattisgarh.

---- Respondents For petitioners - Shri Pramod Verma, Sr. Advocate with Shri K.K. Pandey, Advocate.

For respondent No.2- Shri Vimal Tondey, Advocate. For State- Shri Bhaskar Payashi, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 17/01/2018 Heard.

1.

Instant petition is against the order dated 8/11/2017 whereby an application to compromise the offence was dismissed which was under Section 420, 467 and 468 of the IPC.

2.

Perusal of the order would show that it records that certain fraud was played on the court, therefore it has observed that respondent No.2 Jagdish Prasad do not have any power to compromise as he is not aggrieved person or person cheated. Order further shows that charges have been framed for false affidavit was filed and it was recorded lis was not in between Jagdish respondent who informed the fact but infact it was in between the petitioner and the court. Considering the order prima facie and the documents, it appears that Jagdish Prasad respondent cannot be termed as person cheated so as to compromise under section 420 of the

IPC.

3.

In the result, I do not find any jurisdictional error to interfere in the order and accordingly, the petition is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri