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High Court Of ChhattisgarhCRMP/2552/2018dismissed

Jayant Deshmukh v. State Of Chhattisgarh

2018-12-12Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2552 of 2018 Jayant Deshmukh S/o Late Ishwar Deshmukh, Aged About 33 Years, R/o Quarter No. Lig-65, Padmanabpur, Durg, District Durg, Chhattisgarh.

---Petitioner

Versus

1. State Of Chhattisgarh, Through The Superintendent Of Police, Durg, District Durg, Chhattisgarh.

2. The Officer Incharge, Police Station Pulgaon, District Durg Chhattisgarh.

3. Vinod Garg S/o Ram Garg, Aged About 50 Years, Managing Director, Raipur Power And Steel Limited, Plot No. 75, 76 Industrial Area Borai, Rasmada, Durg, District Durg, Chhattisgarh.

4. P. S. Singh S/o Late Markhande Singh, Aged About 45 Years, Contractor, Raipur Power And Steel Limited, Plot No. 75, 76 Industrial Area Borai, Rasmada, Durg, District Durg, Chhattisgarh.

5. Ramesh Kumar Sigla S/o Late Tej Ram Sigla, General Manager, Raipur Power And Steel Limited, Plot No. 75, 76 Industrial Area Borai, Rasmada, Durg, District Durg, Chhattisgarh.

---Respondents For petitioner :

Shri Malay Shrivastava, Advocate.

For State :

Shri Chandresh Shrivastava, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 12/12/2018 1.

Present CRMP has been filed seeking restoration of CRMP No. 219/2016 which got disposed off on 27/06/2016 on a peremptory order. 2.

Present CRMP has been filed as late as on 01/12/2018 i.e. after about 2 years from the date when in the earlier CRMP it was ordered for removal 1⁄2 of its defaults.

3.

years time for the petitioner to approach this Court seeking 1⁄2 restoration of CRMP which got dismissed on a peremptory order is quite a long period.

4.

Moreover, the CRMP earlier filed has not been decided on merits. It has been dismissed on account of technical reason of non-curing of the defaults. 5.

Dismissal of the said CRMP by way of a peremptory order would not preclude the petitioner from challenging the F.I.R. by way of a fresh CRMP. 6.

Accordingly, this Court is not inclined to entertain the instant CRMP and the same deserve to be and is accordingly rejected with the aforesaid liberty. Sd/- (P. Sam Koshy) Sumit JUDGE