Dismissed

Devcharan Kenwat v. State of Chhattisgarh

Chhattisgarh HC11 Jan 2023WPCR/14/2023

Case brief

AI extract

What is this about?

Petitioner challenged non-registration of Section 307 IPC offence in criminal case during investigation, relying on Sections 294, 323, and 34 IPC. Bench declined intervening, directing party to liaise with police and dismissed petition without expressing opinion on merits.

What did the court decide?

Petitioner directed to bring non-registration to notice of Superintendent of Police; writ petition disposed of.

Devcharan Kenwat Vs State of Chhattisgarh — Criminal Trial and Appeal | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 14 of 2023

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Devcharan Kenwat S/o Firatram Kenwat, aged about 25 years, R/o Ward No. 2, Village Maldi, Bilaigarh, District SarangarhBilaigarh (C.G.)

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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, Atal Nagar Nawa Raipur, District Raipur (C.G.)

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Superintendent of Police, Sarangarh, District Sarangarh Bilaigarh (C.G.)

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Station House Officer, Police Station Bilaigarh, District Sarangarh-Bilaigarh (C.G.)

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---- Respondents

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For Petitioner :- Mr. S.P. Sannat, Advocate. For State/Respondents :- Mr. Soumya Rai, PL

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DB : Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Rakesh Mohan Pandey

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Order On Board (11.01.2023)

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Sanjay K. Agrawal, J

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Learned counsel for the petitioner submits that on the report of petitioner offence under Sections 294, 323 & 34 of the IPC has been registered against the accused persons. It is the grievance of the petitioner that offence under Section 307 of

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the IPC has not been registered against accused persons and therefore, an appropriate writ be issued directing respondent No.3 to charge accused persons for offence under Section 307 of the IPC also.

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We have heard learned counsel for the parties, considered their rival submission and perused the records with utmost circumspection.

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Taking into consideration the fact that the matter is still under investigation, therefore, it would not be appropriate to issue any direction in this regard. The appellant is at liberty to bring the aforesaid fact to the notice of the Superintendent of Police, Sarangarh for his consideration. With the aforesaid observation

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/ direction the instant writ petition stands disposed off .

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However, it is made clear that this Court has not expressed any opinion on the merits of the case.

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Sd/Sd/- (Sanjay K. Agrawal) (Rakesh Mohan Pandey) Judge Judge

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Ankit

Devcharan Kenwat v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Devcharan Kenwat v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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