Kartik Ram Ratre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 11 of 2019 Kartik Ram Ratre S/o Nanki Dau Ratre Aged About 46 Years Chairman Of Nagar Panchayat Of Village Adbhar, Aged About 46 Years, R/o Village Adbhar, Tahsil Malkharoda, District- Janjgir-Champa, Chhattisgarh. ---- Appellant

Versus

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

2. The Superintendent Of Police Janjgir-Champa, District Janjgir-Champa, Chhattisgarh.

3. The Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh.

4. The Station House Officer Police Chowki, Village Adbhar, Tahsil Malkharoda, District Janjgir-Champa, Chhattisgarh.

5. Smt. Mala Dubey W/o Dr. T. N. Dubey Aged About 45 Years R/o Gitanjali Nagar, Street No. 06, Near Old Bus Stand, Bilaspur, District- Bilaspur, Chhattisgarh.

6. Chhedi @ Buddheswar Sharma S/o Dev Prasad Sharma R/o Village Adbhar, Tahsil Malkharoda, District- Janjgir-Champa, Chhattisgarh.

7. Executive Engineer (O And M) Chhattisgarh State Power Distribution Company Ltd., Division Sakti, Sakti, District Janjgir-Champa, Chhattisgarh.

8. Junior Engineer (T) (O And M) Adbhar, Sub-Station Adbhar, Chhattisgarh State Power Distribution Company Ltd., Village Adbhar, District Janjgir-Champa, Chhattisgarh.

---- Respondents For Appellant : Shri Amit Sharma, Advocate.

For Respondent/State : Shri Avinash K. Mishra, Panel Lawyer.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board 09/01/2019 Per Ajay Kumar Tripathi, Chief Justice 1.

I.A. No.01 of 2019 has been filed to condone delay of 95 days in instituting the appeal. For the reasons indicated in the application, the same is allowed. Delay is condoned.

2.

Heard counsel for the parties.

3.

It is the contention of the counsel for the Appellant that the impugned order dated 26.07.2018 was passed by the learned Single Judge without noticing him or hearing him. Without going into the issue whether an appeal is maintainable against the criminal writ order, Appellant is given liberty to move the learned Single Judge may be by way of a review since it was an ex parte order. 4.

The appeal is otherwise dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Yogesh