Disposed

Jeevan Lal Dewangan v. State of Chhattisgarh

Chhattisgarh HC6 Jan 2022WP227/6/2022

Case brief

AI extract

What is this about?

Single Bench of the High Court of Chhattisgarh disposed of a writ petition filed under Article 226. The Court directed the police to re-examine evidence and submit a final report within three months for sanction. It also directed the Criminal Court to examine if the ingredients of Section 306/34 IPC were attracted before passing an appropriate order.

What did the court decide?

Direction to police authorities to re-examine evidence and submit a final report within three months for obtaining necessary sanction.

Jeevan Lal Dewangan Vs State of Chhattisgarh — Criminal Trial and Appeal | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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W.P.(227) No. 6 of 2022

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Jeevan Lal Dewangan S/o - Late Mannaram Dewangan, Aged About 40 Years R/o - Village- Korguda, Tehsil- Daundilohara, District-Balod -----Petitioner

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Versus

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1. State Of Chhattisgarh Through Station Incharge- P.S. Balod, District- Balod (C.G.)

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2. Sukhchand Dewangan, S/o - Late Mannaram Dewangan, R/o- VillageKorguda, Post- Dudhli, District- Balod

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3. Vikas Dewangan, S/o - Sukhchand Dewangan, R/o- Village- Korguda, PostDudhli, District- Balod

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4. Vinay Dewangan, S/o Sukhchand Dewangan R/o- Village- Korguda, PostDudhli, District- Balod --Respondents

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For Petitioner: Smt Aditi Singhvi Agarawal, Advocate. For Respondents No.1/State: Shri Gurudev I Sharan, G.A

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Single Bench:Hon'ble Shri Deepak Kumar Tiwari J Order On Board

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06.01.2022

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This Petition has been filed under Article 227 of the Constitution of India seeking a direction for expediting the proceedings pending before the Judicial Magistrate, First Class, Balod, District Balod wherein the proceedings under Section 156(3) Cr.P.C, 1973 are pending since 03.07.2017.

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Brief facts of the case are that the Petitioner had preferred an application under Section 156(3) of Cr.P.C on 03.07.2017 in which, the concerned Magistrate had directed police station Balod to file a final report regarding the death of Mannaram on 27.07.2017. The police had filed a closure report on 27.12.2017 in Crime No.289/2017 under Section 306/34 IPC in which, vide order dated 02.02.2019, the Judicial Magistrate, First Class, Balod had directed the concerned police station for further investigation of the matter and to file a report thereto. However, till date, no

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such report has been filed. Hence this Petition.

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Considering the nature of the Petition, notice against the Respondents is dispensed with.

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Heard learned Counsel for the parties and perused the documents annexed therewith minutely.

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Though the police had submitted its report on 27.12.2017 in Crime No.289/2017 under Section 306/34 IPC, but after going through the closure report, the Judicial Magistrate, First Class, Balod had directed for further investigation in the matter on 02.02.2019, therefore, it is expected from the police authorities to re-examine the evidence strictly in accordance with law and to submit its report before the competent criminal Court for obtaining necessary sanction at the earliest preferably within a period of three months from the date of passing of this order and the concerned criminal Court is also expected to examine the record in the light of the settled judicial principles whether the ingredients of the offence have been attracted in the present case or not and to pass an appropriate order.

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With the aforesaid observation, this Petition stands disposed of.

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A copy of this order be sent to S.P Balod to direct the concerned authorities for necessary compliance and a copy be also sent to the Chief Judicial Magistrate, Balod for information and necessary action.

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Priya

Jeevan Lal Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jeevan Lal Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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