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High Court Of ChhattisgarhCRMP/1444/2016withdrawn

Sukmani Dewangan v. State Of Chhattisgarh

2017-01-02Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Misc. Petition No.1444 of 2016

1. Sukmani Dewangan Wd/o Late Harilal Dewangan Aged About 64 Years R/o Sargipal Para, Kondagaon, District- Kondagaon, Chhattisgarh.

2. Jailal Dewanagan S/o Late Harilal Dewanagan Aged About 42 Years R/o Sargipal Para, Kondagaon, District- Kondagaon, Chhattisgarh.

3. Shivlal Dewangan S/o Late Harilal Dewanagan Aged About 40 Years R/o Sargipal Para, Kondagaon, District- Kondagaon, Chhattisgarh.

4. Ramlal Dewangan S/o Late Harilal Dewangan Aged About 32 Years (Special Power Of Attorney Holder), R/o Sargipal Para, Kondagaon, District- Kondagaon, Chhattisgarh. ---- Petitioners

Versus

• State Of Chhattisgarh Through The Collector- Kondagaon, District- Kondagaon, Chhattisgarh.

---- Respondent For petitioners : Shri Vishnu Koshta, Advocate For respondent : Shri Sumit Jhawar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 02.01.2017 At the outset, counsel for the petitioners submits that he may be permitted to withdraw the instant petition, filed under Section 482 of the Cr.P.C., with liberty to file a fresh application before the concerned Magistrate under the relevant provisions of law and also for impleading Income Tax Department and all other investigating agency making enquiry in the matter and the Court below may be directed to dispose of the same after hearing the matter afresh without any influence in order dated 26.11.2016

passed in Complaint Case No.04/16 under Section 102 of the Cr.P.C. and order dated 09.12.2016 passed in Criminal Revision No.20/16.

2.

As prayed, the instant petition is disposed of as withdrawn without any appreciation on its merits reserving aforesaid liberty. 3.

The petitioners may file appropriate application under the law for the cause before the concerned court below and the court below is directed to grant liberty to hear the authorities making enquiry in the matter and after hearing the necessary authorities in the matter, the Court below is directed to pass the order afresh without being influenced with earlier order passed, on its merits under the law.

4.

Petition disposed of.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini