Rajkumar Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 97 of 2017 • Rajkumar Mishra S/o Late Ganesh Prasad Mishra Aged About 46 Years R/o Haldibadhi, Thana- Chirmiri, Tahsil- Khadgawa, District- Koria, Chhattisgarh EMail Rtichrm@Gmail.Com, Mo. No. 7999393315 W. App 9406363699 ---- Petitioner

Versus

1. State Of Chhattisgarh Through- Chief Secretary, Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh, Through Mail- Csoffice.Cg@Gov.In, Chhattisgarh

2. Chief Secretary, Law And Legistative Affairs Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, Chhattisgarh, Mail Lawdept.Cg@Nic.In, District : Raipur, Chhattisgarh ---- Respondents Rajkumar Mishra, Petitioner in person.

Shri S.C. Verma, Additional Advocate General for State. D.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order on Board Per Manindra Mohan Shrivastava, J.

28-01-2019 The petitioner, who appears in person, submits that looking to the seriousness of offence, it has become imperative that local amendment should be brought by the legislature of the State to make those offences triable by the Court of Sessions. In support of his submission, the petitioner in person submits that in other States, steps have been taken to carry out local amendment in the Code of Criminal Procedure, 1973.

2.

We are afraid, such directions cannot be issued by this Writ Court directing the legislature to carry out any amendment in the existing laws. 3.

It is for the concerned legislature to take decision in the matter as to whether or not any such amendment would be necessary. We leave the matter without expressing any comment much less issuing any mandamus to the legislative bodies. 4.

The present PIL appears to be misconceived in law and therefore, dismissed. SD/- SD/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Tumane