Disposed

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

Chhattisgarh HC4 Apr 2019CRMP/731/2014

Case brief

AI extract

What is this about?

The High Court disposed of two Criminal Misc. Petitions under Section 482 CrPC filed to challenge property attachment. Directing the SDM to conclude Section 145 CrPC proceedings within two months, the Court held it expedient to dispose of the impugned petitions. An interim order remains in operation.

What did the court decide?

Directed the Sub-Divisional Magistrate to conclude Section 145 CrPC proceedings within two months; interim order of 22-8-2014 remains in operation.

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

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Criminal Misc. Petition No.730 of 2014

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

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

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(Respondents) ---- Petitioners

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Versus

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

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(Revisioner)

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

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

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(Respondents) ---- Respondents

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AND

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Criminal Misc. Petition No.731 of 2014

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

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

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(Respondents) ---- Petitioners

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Versus

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

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(Revisioner)

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

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

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---- Respondents

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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: -

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

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

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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04/04/2019

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

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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.

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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.

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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.

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

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Sd/(Sanjay K. Agrawal) Judge

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Soma

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

Case brief

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

Case brief

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