Titash Banik v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1085 of 2016 • Titash Banik S/o Late Shri S.R. Banik Aged About 36 Years Caste- Bengali, R/o Madhuban Para Raigarh, Police Station Kotwali, Post And TehsilRaigarh, Revenue And Civil District- Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department Of Home Affairs, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., Chhattisgarh

2. Superintendent Of Police Economic Offence Wings, Branch- Raipur, Revenue And Civil District- Raipur, Chhattisgarth

3. Station House Officer Economic Offence Wing Raipur, Revenue And Civil District- Raipur ---- Respondents For Petitioner :

Shri Surfraj Khan, Advocate For Respondents-State :

Shri Ashish Shukla, Dy. AG for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/02/2018

1. Learned counsel for the petitioner would submit that petitioner had purchased a land from the agriculturist and there is nothing on record to show that the land which was purchased by the petitioner has been a government land from 1929 to 1989 and only on the basis of the false allegation, the petitioner has been inculpated.

2. Learned State counsel submits that the investigation is going on in this case.

3. Considering the fact that the investigation is going on and the petitioner has

already been given benefit of anticipatory bail by this Court, the State would be at liberty to file charge-sheet. Accordingly, order dated 15.09.2017 passed by this Court is modified to the above extent.

4. If any adverse fact come out in the charge-sheet as per the investigation of the police, the petitioner shall be at liberty to take his remedy in the appropriate proceeding before the appropriate forum.

5. With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu