Disposed

Smt.Satyam Bai Rathore and Another. v. Raghuraj Singh and Others.

Chhattisgarh HC4 Apr 2019CRMP/730/2014

Case brief

AI extract

What is this about?

In two criminal miscellaneous petitions filed under Section 482 CrPC challenging attachment orders arising from a pending Section 145 CrPC proceeding, the High Court directed the Sub-Divisional Magistrate to conclude the Section 145 proceedings within two months while keeping interim orders operational, then disposed of the petitions.

What did the court decide?

Direction to Sub-Divisional Magistrate to conclude Section 145 proceedings within two months; interim order to remain operational.

Smt.Satyam Bai Rathore and Another. Vs… — Civil Procedure and Limitation | Chhattisgarh HC (2019)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

Criminal Misc. Petition No.730 of 2014

¶5

Smt. Satyam Bai Rathore, W/o Shivbhadra Singh, aged about 40 years,

¶6

Shivbhadra Singh, S/o Chandan Singh Rathore, aged about 44 years, R/o Village Gorakhpur, Police Station Nawagarh, Tahsil and District Bemetara (C.G.)

¶7

(Respondents) ---- Petitioners

¶8

Versus

¶9

Raghuraj Singh, S/o Padamraj Singh, R/o Village Baiharsari, Police Station Dadhi, Tahsil and District Bemetara (C.G.)

¶10

(Revisioner)

¶11

Rana Pratap Singh, S/o Padamraj Singh, R/o Village Baiharsari, Police Station Dadhi, Tahsil and District Bemetara (C.G.)

¶12

State of Chhattisgarh, through the Collector, Bemetara, District Bemetara (C.G.)

¶13

(Respondents) ---- Respondents

¶14

AND

¶15

Criminal Misc. Petition No.731 of 2014

¶16

Smt. Satyam Bai Rathore, W/o Shivbhadra Singh, aged about 40 years,

¶17

Shivbhadra Singh, S/o Chandan Singh Rathore, aged about 44 years, R/o Village Gorakhpur, Police Station Nawagarh, Tahsil and District Bemetara (C.G.)

¶18

(Respondents) ---- Petitioners

¶19

Versus

¶20

Rana Pratap Singh, S/o Padamraj Singh, R/o Village Baiharsari, Police Station Dadhi, Tahsil and District Bemetara (C.G.)

¶21

(Revisioner)

¶22

Raghuraj Singh, S/o Padamraj Singh, R/o Village Baiharsari, Police Station Dadhi, Tahsil and District Bemetara (C.G.)

¶23

State of Chhattisgarh, through the Collector, Bemetara, District Bemetara (C.G.)

¶24

---- Respondents

¶25

For Petitioners: Miss Sharmila Singhai, Advocate. For Respondents No.1 and 2 in Cr.M.P.No.730/2014 and only for Respondent No.2 in Cr.M.P.No.731/2014: -

¶26

Mr. Vipin Singh, Advocate. For Respondent No.1 – Rana Pratap Singh in Cr.M.P.No.731/2014: -

¶27

¶28

Mr. Manoj Paranjpe, Advocate. For Respondent No.3 / State: - Mr. Aakash Pandey, Panel Lawyer.

¶29

Hon'ble Shri Justice Sanjay K. Agrawal

¶30

Order On Board

¶31

04/04/2019

¶32

This order will govern the disposal of the aforesaid two petitions filed under Section 482 of the CrPC.

¶33

In a proceeding initiated under Section 145 of the CrPC against the parties, the learned Sub-Divisional Magistrate also passed order on the application under Section 146 of the CrPC on 21-3-2014 attaching the property which was challenged by one Rana Pratap Singh before the revisional Court and which was set aside by the revisional Court against which these petitions under Section 482 of the CrPC have been preferred.

¶34

Learned counsel for the parties submit that the original dispute under Section 145 of the CrPC is pending consideration before the SubDivisional Magistrate since 31-10-2012.

¶35

Since proceeding under Section 145 of the CrPC is still pending unconcluded, it would be expedient to direct the Sub-Divisional Magistrate, Bemetara to conclude the proceeding under Section 145 of the CrPC finally within 2 months from the date of receipt of a copy of this order and in the meanwhile, interim order dated 22-8-2014 passed by this Court will remain in operation. It is ordered accordingly.

¶36

With the aforesaid observation, the petitions stand disposed of finally.

¶37

Sd/(Sanjay K. Agrawal) Judge

¶38

Soma

Smt.Satyam Bai Rathore and Another. v. Raghuraj Singh and Others.

Case brief

What is this about?

What did the court decide?

Smt.Satyam Bai Rathore and Another. v. Raghuraj Singh and Others.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jagdish Prasad Jatwar Vs State Of Chhattisgarh and Ors.

Laxman Shriwas Vs Manakram Sahu

Santosh Kumar Baghel Vs Jaijairam Swarnkar

Shri Balram Krishi (Utpad Avam Vipnan) Co-Operative Society Sbaco Vs Sarvarakar Mahant Yagayanand Bramhachari Gurupita

Smt. Satyam Bai Rathore and Anr. Vs Rana Pratap Singh and Ors.

Dr. Laxmi Prasad Gupta and Ors. Vs Nakul Dewangan