Disposed

Gurjinder Pal Singh v. State of Chhattisgarh

Chhattisgarh HC20 Jan 2023WP227/46/2023

Case brief

AI extract

What is this about?

The High Court, exercising jurisdiction under Article 227 of the Constitution of India, directed the Special Judge to comply with a previous order of a coordinate Bench by supplying the certified charge sheet to the petitioner before framing charges, and disposed of the petition.

What did the court decide?

The Special Judge (P.C. Act) directed to comply with the order dated 08.12.2022 passed in WP(227) No.771/2022 by supplying the charge sheet before framing charges.

Gurjinder Pal Singh Vs State of… — Civil Procedure and Limitation | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No. 46 of 2023

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Gurjinder Pal Singh (presently under suspension), S/o Paramjeet Singh Plaha, Aged About 51 Years, Occupation - Director, State Police Academy, Chandkhuri, Raipur, (C.G.)

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, New Raipur Atal Nagar, District Raipur (C.G.)

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Director General Of Police, Police Head Quarter, New Raipur, Atal Nagar, District Raipur (C.G.)

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Superintendent Of Police, Anti Corruption Bureau, Raipur, District Raipur, (C.G.)

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Station House Ofcer, Economics Ofence Wing / Anti Corruption Bureau, Raipur, District Raipur (C.G.)

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---- Respondent s

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For Petitioner : Mr. Sumit Singh, Advocate For Respondents : Mr. Lalit Jangde, Dy. G.A.

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Hon'ble Smt. Justice Rajani Dubey

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Order On Board

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20/01/2023

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1. The petitioner has preferred this petition under Article 227 of the Constitution of India assailing the order dated 02.01.2023 (Annexure A/1) passed by Special Judge (P.C. Act), & 1^st Additional Sessions Judge, District Raipur (C.G.), in Special Criminal Case No.01/2022, whereby the learned Court below has rejected the application of the petitioner for supplying the certifed copy of charge sheet before framing of charge.

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2. Learned counsel for the petitioner submits that vide

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order dated 08.12.2022 passed in WP(227) No.771/2022, coordinate Bench of this Court has been pleased to set aside the order 07.11.2022 passed by the learned Court below and directed the concerned Court to supply the certifed copy of the charge-sheet to the petitioner, as per rules. Therefore, the concerned Court may kindly be directed to comply with the order of co-ordinate Bench dated 07.11.2022 passed in WP(227) No.771/2022 before framing of charges against the petitioner. In support of his submission, he placed reliance on the decision of Hon’ble Supreme Court rendered in the matter

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of Criminal Trials Guidelines Regarding Inadequacies and Defciencies, In Re Vs. State of Andhra Pradesh and Others reported in (2021) 10 SCC 598.

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3. Learned State counsel has supported the impugned order passed by the learned Court below.

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4. Having heard learned counsel for the parties and having considered facts and circumstances of the case, the trial Court is directed to comply with the order dated 08.12.2022 passed in WP(227) No.771/2022 by co-ordinate Bench of this Court, and after complying the said, frame charges against the petitioner accordingly.

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5. With the aforesaid direction, the instant petition stands disposed of.

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Sd/-

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(Rajani Dubey) JUDGE

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pkd

Gurjinder Pal Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gurjinder Pal Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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