Om Prakash Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No.212 of 2017

1. Om Prakash Tiwari S/o R. N. Tiwari, Aged About 45 Years R/o Kachana Road (Infront Of Akash Electrical), Khamhardih, Raipur, District Raipur (Chhattisgarh).

2. Isha Tiwari D/o Om Prakash Tiwari, Aged About 20 Years R/o Kachana Road (Infront Of Akash Electrical), Khamhardih, Raipur, District Raipur (Chhattisgarh). ---- Appellants

Versus

1. State Of Chhattisgarh Through : The Secretary, Home Department (Police), Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh).

2. Inspector General Of Police, Raipur Range, Raipur, District Raipur (Chhattisgarh).

3. Superintendent Of Police, Raipur, District Raipur (Chhattisgarh).

4. City Superintendent Of Police, Azad Chowk, Raipur, District Raipur (Chhattisgarh).

5. Station House Officer, Police Station Azad Chowk, Raipur, District Raipur (Chhattisgarh).

---- Respondents For Appellants : Shri Raghvendra Pradhan, Advocate.

For Respondent/State : Shri Prafull N. Bharat, Additional Advocate General. Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge.

Judgment on Board Per Thottathil B. Radhakrishnan, Chief Justice 30/06/2017 1.

This writ appeal is filed challenging the judgment through which the learned Single Judge has refused to grant any direction to arrest a person following registration of the First Information Report. We do not see any illegality, infirmity or jurisdictional error in the learned Single Judge having concluded that it is for the investigating agency to look into the allegations and to proceed in accordance

with law and that no direction for arrest could be issued in writ jurisdiction. 2.

We therefore dismiss this writ appeal leaving open the power of the investigator to proceed with the matter in accordance with law. Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) CHIEF JUSTICE JUDGE Anu