The High Court of Chhattisgarh disposed of a writ petition where the petitioner sought to quash a charge sheet and compel the prosecution to examine specific witnesses. The court held that at the fag end of the trial, compelling the prosecution was premature.
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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 95 of 2018
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri B.P. Sharma, Advocate For Respondent/State : Shri Ashish Shukla, Dy. AG for the State
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
14/05/2018
A. A writ and/or an order in the nature of writ of mandamus do issue calling for the record pertaining to the petitioner's case from the Court below concerned for its kind perusal.
B. A writ and/or an order in the nature of writ of certiorari do issue quashing the entire charge sheet including the sanction granted by the State authorities as not submitted before the Court of law after following the procedure established by law or there is violation of provision of due process of law guaranteed under the fundamental rights under the Constitution of India.
C. A writ and/or an order/direction be issued directing the State authorities to withdraw their charge sheet from the Court and after following the procedure established by law i.e. inclusion of statements of witnesses pro-accused, if sanction is granted, then only submit charge sheet before the Court of law.
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D. A writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondent authorities concerned to submit a supplementary charge sheet including the explanation offered and documents submitted by the petitioner as part of the charge sheet and thereafter directing the Court below to proceed in accordance with, in the facts and circumstances of the case to each of the petitioners.
E. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case.
F. Cost of the petition may also be awarded.
SD/Goutam Bhaduri Judge
ashu
Vinod Kumar Tamboli
State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
