Dev Narayan Tiwari v. Jairam Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CR.M.P. No. 1749 of 2017 Dev Narayan Tiwari, S/o. Krishnanand Tiwari, Aged About 60 Years, R/o. Quarter No. B-204, Adarsh Nagar, Kusmunda, P.S. Kusmunda, Tahsil Katghora, Civil and Revenue District Korba, Chhattisgarh ---- Petitioner

Versus

1. Jairam Singh, S/o. Gangasagar Singh, Aged About 50 Years, R/o. Quarter No. B/211, Adarsh Nagar, Kusmunda, P.S. Kusmunda, Tahsil Katghora, Civil And Revenue District Korba, Chhattisgarh

2. State Of Chhattisgarh, Through : District Magistrate, Korba, Chhattisgarh ---- Respondents For Petitioner : Mr. Goutam Khetrapal and Mr. Tridib Bhattacharya, Advocates For Respondent No.1 : Mr. Sunil Sahu, Advocate For Respondent/State : Mr. Anil S. Pandey, Govt. Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 05/01/2018 Heard 1.

This petition under Section 482 of Cr.P.C. has been brought praying for extension of time for payment of fine and compensation as ordered by this Court in Criminal Revision No.655/2007 dated 24.03.2017. 2.

It is submitted by the learned counsel for the petitioner, that a mistake occurred because of which, incorrect certified copy of order was supplied to the petitioner on account of which, the case has traveled to the Hon'ble Supreme Court. Thereafter, on the direction of the Supreme Court, the order was passed by this Court directing to supply the correct certified copy to the petitioner, according to which, the

petitioner is required to pay remaining amount of compensation and the fine amount within a period of two months. 3.

Counsel for the petitioner prays that he has been mislead because of erroneous certified copy provided to him, hence, the petition may be disposed off with suitable direction.

4.

Counsel for the respective respondents objects to the prayer and the submission made in this respect.

5.

Considered on the submission and the prayer made in this petition. Looking to the development of things that have taken place in this case, I am of this view that this petition can be disposed off with suitable direction.

6.

Accordingly, the petitioner is directed to make payment of compensation and fine amount before the learned trial Court within a further period of 30 days from the date of passing of this order. In the meanwhile, the trial Court may not proceed with the coercive process till the expiry of 30 days the time granted to the petitioner. 7.

With such observation, the petition stands disposed off. Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram