Disposed

Anand Nirmalkar v. State of Chhattisgarh

Chhattisgarh HC4 Aug 2022WPCR/639/2022

Case brief

AI extract

What is this about?

Single judge order holding that the Thana In-charge must forward the petitioner's application seeking conversion from accused to witness to the concerned Magistrate. The judge dismissed the writ petition in limine after issuing this direction.

What did the court decide?

Directed the Thana In-charge to submit the petitioner's application dated 12.05.2022 to the concerned Magistrate.

Anand Nirmalkar Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2022)

WPCR 639 of 2022

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 639 of 2022

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Anand Nirmalkar S/o Badri Prasad Nirmalkar Aged About 37 Years R/o Kalyanpur, P. S. Akaltara District Janjgir Champa Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya Mahanadi Bhawan New Raipur Chhattisgarh

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Inspector General Of Police Bilaspur Division, Bilaspur District Bilaspur Chhattisgarh

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Station House Officer P. S. Takhatpur, District Bilaspur Chhattisgarh

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B. N. Gold Real Estate And Allied Limited Through Its Director, Guruvinder Singh Regn. And Corp. Office, 1112-1114 Netaji Subhash Place Pritampura, New Delhi- 34

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---- Respondent

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For Petitioner	:	Shri Nishi Kant Sinha, Advocate
For Respondent/State	:	Shri Neeraj Pradhan, P.L.

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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04/08/2022

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Heard.

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At the very out set, learned counsel for the petitioner submits that in the similar matter the coordinate bench of this court has passed the order and he refers to Annexure P-5.

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Learned State counsel do not object the fact in similar circumstances, orders have been passed.

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The Ministry of Home, Government of Chhattisgarh has issued a Circular dated 16.10.2019 which has already been placed on record

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WPCR 639 of 2022

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by which it has been directed to withdraw the criminal cases registered against the agents working in the Chit Fund Company. The Investigating Agencies/Prosecution has been directed to proceed as per the provisions of 306 and 307 of CrPC. Thereafter, the Director General of Police, Chhattisgarh has also issued a Circular directing all the Police Authorities to comply the Circular dated 16.10.2019 by his Circular dated 15.11.2019.

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In pursuance of the Circular issued by the Government, the Petitioner has submitted an application before the Thana In-charge Takhatpur , District Bilaspur on 12.05.2022. As per the Circular, he is enclosing affidavit as required for the compliance of the Circular. Further, it has been stated that in the said application he has prayed to be converted as witnesses in place of accused in the case.

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The learned State counsel would submit that the challan has been already submitted before the learned Judicial Magistrate First Class, therefore, the decision has to be taken by the concerning Magistrate only.

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Considering the facts and circumstances of the case, it is directed that the Thana In-charge Takhatpur , District Bilaspur would submit the aforesaid application dated 12.05.2022 before the concerned Magistrate for considering the said application in accordance with law.

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With this direction, the present WPCR is finally disposed off.

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Sd/(Goutam Bhaduri) Judge

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Jyoti

Anand Nirmalkar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anand Nirmalkar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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