The High Court of Chhattisgarh dismissed a petition under Section 482 CrPC under Section 145 CrPC. The appeal was rejected due to the death of the petitioner and the prior dismissal of the suit.
Petition dismissed on the ground that the petitioner is dead and the impugned order dismissing the Section 145 petition was already affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF CHHAmSGARH AT BILASPUR
Cr. M.P. No.353/2007
Petittoner Johara. Bibi, W/ o Late Abdul Gaffar Appllcant QuTeshi, Caste-Musahnan, R/o Kouadaiid Maypur, Aiubikapur TahsilAmbikapur, District-Suiguja(C.G.).
VERSUS
RESPNDENT G.L. Church (Gostar AnoDikal Lufharaa Npa-AppUcant Trust) Kosiya Ranchi, Present addreSs Bhatd Road, Kedarpur, Ainbikapur, Distaict Suiyija (C.G,).
Petition Under Sertion 482 otThe Crimiaal Procedure Code. (8B :Hoa'ble Mr. T.P.Sharma, J.)
'"'.
Present:- Shri Bhupendra Singh, Advocate for the petitioner. Shri D.N. Prajapati, Advocate with Shri I.P. Singh, Advocate for the - Respondent.
ORM^ ORDER
03/09/2009) (Passedon
. .
reveals that petition under Section 145 of the Code of Criminal Procedure, 1973 (in short the Code) has been dismissed by the Sub Divisional Magistrate, Ambikapur vide order dated 26/7/06 in criminal case No. 05/2005 he is not maintainable same is affirmed vide order dated 29/6/Q7 by Second Additional Sessions Judge, Ambikapur in criminal revision No. 242/2006.
'il Sd/-
herebydismissed.
^
T.P. Sha^na Judge
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2 issues framed by the court
Whether the High Court can entertain a petition under Section 482 CrPC after the petitioner's death and dismissal of the underlying Section 145 petition.
Whether the cause of action survives for legal representatives to file an application or civil suit.
2 provisions across 2 enactments
Petitioner Johara Bibi, W/o Late Abdul Gaffar
Respondent G.L. Church (Gostan Anakikal Muthana Repair Trust)
T.P. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
