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Smt.Veena Ratre and Anr. Vs State of… — Writ and Judicial Review | Chhattisgarh HC (2011)

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Chhattisgarh HC
2011
Smt.Veena Ratre and Anr. Vs State of Chhattisgarh anSmt.Veena Ratre and Anr. v. State of Chhattisgarh and Anr.

Dismissed

Smt.Veena Ratre and Anr. v. State of Chhattisgarh and Anr.

Chhattisgarh HC5 Jan 2011CRMP/741/2010

Case brief

AI extract

What is this about?

Criminal appeal petition for quashing proceedings under Section 482 CrPC raised before withdrawing with liberty to approach Chief Judicial Magistrate under Section 7 of Chhattisgarh Dharma Swatantrya Adhiniyam, 1968.

What did the court decide?

Petition dismissed as withdrawn with liberty to raise grounds before the Chief Judicial Magistrate under Section 7 of the Chhattisgarh Dharma Swatantrya Adhiniyam, 1968.

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty to raise grounds before the Chief Judicial Magistrate under Section 7 of the Chhattisgarh Dharma Swatantrya Adhiniyam, 1968.

Detailed headnote1 paragraphs

The court dismissed the criminal appeal petition under Section 482 CrPC as withdrawn, granting liberty to the applicants to raise grounds before the Chief Judicial Magistrate in terms of Section 7 of the Chhattisgarh Dharma Swatantrya Adhiniyam, 1968, noting the statutory bar on instituting prosecution.

A compact analysis

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.

A

H!GH COURT OF CHHATTSSGARH AT BILASPUR

Cr.Rfl.P.No.741of2010

Applicants

1.

2.

Smt. Veena Ratre, W/o Diisp Ratre, aged about 23 years, R/o Near Govemment Higher Secondary Schooi, Paii, District-Korba (C.G.)

Sukhsagar Mitra, S/Q Madhav Prasad Mitra, aged about 51 years, R/o Near Government Higher Secondary Schoot, Pais, Disfrict-Korba (C.G.)

Versus

Non-apDlicants

State of Chhattisgarh, Through : Poiice Station City Kotwaii, Korba, DistrictKorba (C.G.)

Panchram Ratre, S/o Mitthutal Ratre, aged about 48, R/o Kohadia, Poiice Station-City Kotwali, Korba, District-

Korba (C.G.)

(Petition under Section 482 of the Cr.P.C.)

(SB: Hon'bie Mr. T.P. Sharma, J.)

Present:-

Mr.Ratnssh Kumar Agrawal, counsel for the appiicants.

Mr.R.R.Sinha, Panel Lawysr for non-appiicant No.1.

Mr.Sanjeev Banjare, counsel for non-applicant No.2.

ORAL ORDER

(Passed on 5th January, 2011)

The applicants have filed this pstition for quashment of criminai proceedings in Crimina! Case No.1632/2007 pending before the Chief Judicial Magistrate, Korfaa based on Crime No.1132/07 registersd at Police Stetion City Kotwaii, Korba.

Learned counsel appearing for the applicants seeks to withdraw this petitjon with Siberty to raise the grounds before the Chief Judicial Magistrate, Korba in terms of Section 7 of the Chhattisgarh Dharma Swatantrya Adhiniyam, 1968 (forshort'theAct,1968).

The pstition is dismissed as withdrawn with the aforesaid iiberty. in case, the appiicants fiie any appiication under Section 7 of the Act, 1968, the Court is under obiigation to decide th& appiication in terms of Section 7 ofthe Act, 1968

becauss it creates bar in instituting Uie prosecution.

, __ _

Sd/T.P. Sharma Judge

^ /

Statutes considered

2 provisions across 2 enactments

AI extract

Cr.P.C.482
Chhattisgarh Dharma Swatantrya Adhiniyam7

Parties & counsel

AI extract

applicant
Smt. Veena Ratre and Sukhsagar Mitra
respondent
State of Chhattisgarh
respondent
Panchram Ratre

Coram

AI extract

T.P. Sharma

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 5 Jan 2011 · January
Registered: 24 Sept 2010
Case no.: CRMP/741/2010
CNR: CGHC010187922010
Topic: Writ and Judicial Review
Bench: T. P. Sharma
Disposal: DISMISSED

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Cite this judgement

Smt.Veena Ratre and Anr. v. State of Chhattisgarh and Anr., CRMP/741/2010 (CG), decided on 5 January 2011.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Cr.P.C.482
Chhattisgarh Dharma Swatantrya Adhiniyam7

View all statutes

Bench / Coram

T.P. Sharma

Parties & counsel