The Chhattisgarh High Court held that a writ petition challenging proceedings initiated under Section 145 of CrPC is not maintainable as the appropriate remedy lies in filing a revision application before the jurisdictional Sessions Court.
Writ petition dismissed as not maintainable.
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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 3410 of 2018
Petitioner No.1 to 4 are by Caste Gond, R/o Village Silfili, TehsilSurajpur, Revenue And Civil District- Surajpur, Chhattisgarh.
---- Petitioner
Versus
5. Shri Ramchandra Kushwaha S/o Raghubir Aged About 67 Years Caste- Koir, R/o Village- Silfili, Tehsil- Surajpur, Revenue And Civil District- Surajpur, Chhattisgarh
---- Respondent
For Petitioners Mr. Surfuraj Khan, Advocate For Respondent/State Mr. Sameer Behar, Panel Lawyer
Order On Board By
Hon'ble Mr. Justice Prashant Kumar Mishra
2
(Prashant Kumar Mishra)
Judge
Shyna
1 issue framed by the court
Whether a writ petition challenging proceedings under Section 145 of CrPC is maintainable when the remedy of revision before the Sessions Court is available.
1 provisions across 1 enactments
Siyamber Singh S/o Late Sohan
Shri Karmu S/o Sohan
Shri Ratiram S/o Sohan
Shri Amar Singh S/o Siyambar
State Of Chhattisgarh Through Collector Surajpur
Sub-Divisional Magistrate And Sub-Divisional Officer (Revenue) Surajpur
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
