The High Court of Chhattisgarh dismissed a writ petition at the admission stage. The Court held that the dispute involved a commercial transaction for the supply of coal where partial payments were made, making it a civil matter devoid of merits for criminal investigation.
The petition was dismissed at the admission stage.
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.
Page No.1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(Cr.) No. 85 of 2017
----Petitioner
Versus
---- Respondents
For Petitioner : Mr. Malay Kumar Bhaduri, Advocate For Respondent/State : Mr. Neeraj Jain, Govt. Advocate
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
09/03/2017
B. The Hon'ble Court may kindly be pleased to issue appropriate direction(s) and order(s) to the Respondent
Page No.2
No.1 to 3 to investigate the matter in accordance with law laid down by the Supreme Court in Lalita Kumari's case and submit the report before the Competent Criminal Court.
C. The Hon'ble Court may kindly be pleased to grant any other relief(s), which deems fit and proper in the facts and circumstances of the case with cost.”
Page No.3
consideration was not paid.
Sd/(Goutam Bhaduri) Judge
Balram
1 issue framed by the court
Whether the dispute regarding unpaid supply of coal constitutes a quashable offence under Section 156(3) CrPC or a pure civil transaction to be adjudicated by civil courts.
Vikas Agrawal
The State Of Chhattisgarh
The Superintendent Of Police, Distt. Korba
The Station House Officer, Police Station- City Kotwali, Korba
Vishal Singh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
