Santosh Singh Chawla v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(CR) No. 1146 of 2019 Santosh Singh Chawla, S/o. Kuldeep Singh Chawla, Aged About 39 Years, R/o. Opposite Gaurav Hostel, Ambedkar Chowk, Baloda Bazaar, District Baloda Bazaar Bhatapara Chhattisgarh.

---- Petitioner

Versus

1.

State of Chhattisgarh, Through : The Secretary, Home Department Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh. 2.

Superintendent of Public Balodabazar, District Baloda Bazar - Bhatapara Chhattisgarh.

3.

Station Home Officer, Police Station *Baloda Bazar, District Baloda Bazaar Bhatapara Chhattisgarh.

-----Respondents For Petitioner : Mr. S.S. Rajput, Advocate For Respondents/State : Mr. Adil Minhaj, Govt. Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 28/11/2019 1.

This petition has been filed under Article 226 of the Constitution of India for issuance of appropriate direction to the respondents. 2.

It is submitted by the learned counsel for the petitioner that the petitioner himself has filed a complaint against the persons concerned and there is one complaint against the petitioner also, which is registered as Crime No.329 of 2019, registered at Police Station Baloda Bazar, District Baloda Bazar - Bhatapara. It is further submitted that the petitioner has apprehension that case against him is

Page No.2 not being investigated in a fair manner. Relying on the documents that are filed along with the petition, it is prayed that appropriate direction be issued to the respondents for proper investigation of the complaint registered against him.

3.

State counsel opposes the petition and the submission made in this respect.

4.

After perusing the documents filed along with the petition and also the complaint against the petitioner and further keeping in view the judgment of Supreme Court in case of Dharam Pal Vs. State of Haryana & Ors, reported in (2016) 4 SCC 160 and in case of Pooja Pal Vs. Union of Indian & Ors., reported in (2016) 3 SCC 135, this petition is disposed off at motion stage. The respondent No.2 and 3 are directed to take all the documents, which are presented by the petitioner along with this petition in the case diary of the investigation against the applicant and investigate the case in a fair manner making a proper exploration of the fact, which are presented and draw conclusion on that basis.

5.

Accordingly, the petition is disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram