The High Court disposed of a writ petition seeking a direction to register an FIR against respondents for various criminal offences, noting that the investigation was already concluded and a charge-sheet filed.
Disposed of the writ petition with liberty to take recourse to law if aggrieved by the charge-sheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 179 of 2016
---- Petitioner
Versus
2
---- Respondents
(Cause-title taken from Case Information System)
For Petitioner : None For Respondent No. 15 & 16/State : Ms. Madhunisha Singh, Deputy Advocate General
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Smt. Rajani Dubey, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
28.07.2023
None for the petitioner to press this petition when the case is called
3
out for hearing. Heard. Ms. Madhunisha Singh, Learned Deputy Advocate General appearing for respondent No. 15& 16/State.
2. The present writ petition has been filed by the petitioner with the following prayers:
“ vr% ekuuh; U;k;ky; ls U;k;fgr esa izkFkZuk gS fd ;kfpdk@fjiksVZdrkZ ds }kjk izLrqr bl fjV fdzfeuy ¼vijkf/kd½ ;kfpdk ,oa nLrkostksa dk Lohdkj fd;k tk dj vukosnd@ vkjksihx.k ds fo:) vijk/k /kkjk 166 ,] 120 ¼[k½] 406] 408] 409] 418] 419]420] 465]466]467]468]469]471]120] lgifBr /kkjk 139 Hkkjrh; n.M lafgrk ds vUrxZr ,oa vijk/k /kkjk 191]192]193]195]196]197]120¼[k½] lgifBr /kkjk 340 fof/k dkuwu vijk/k lafgrk ds vUrxZr ,Q0vkbZ0vkj0 ntZ dj tsy Hkstus dh dk;Zokgh djus ds fy, Jheku iqfyl v/kh{kd jk;iqj ftyk jk;iqj N0x0 dks vkns’k&funsZ’k&ekxZn’kZu nsdj ;kfpdk drkZ@fjiksVZ drkZ dks U;k; nsus dh vlhe d`ik djsaxsA ”
3. The present petitioner has filed the instant writ petition for registration of FIR for the offence under Sections 116A, 120(B), 406, 409, 418, 419, 420 465, 466, 467, 468, 469, 471 and 120 read with Section Section 139 of the Cr.P.C.and Sections 191, 192, 193, 195, 196 and 197 read with Section 340 Cr. P.C. against the respondent Nos. 2 to 14 at Police Station- Golbazar, Raipur.
4 . Ms. Madhunisha Singh, learned appearing for the State/respondents No. 15 to 16 submits that instant petition the petitioner is a complainant. She also submits that the investigation has already
4
been concluded, charge-sheet has been filed.
5. Accordingly, the instant writ petition is disposed of with liberty to take recourse to law, if aggrieved by the charge-sheet, if so advised. .
Sd/- Sd/- (Rajani Dubey) (Ramesh Sinha) Judge Chief Justice
amita
1 issue framed by the court
Whether a writ petition for registration of FIR is maintainable when investigation has concluded and charge-sheet has been filed.
4 provisions across 1 enactments
Dattatrey Mandir Trust
Sanjeev Mishra
Suresh Kumar Agrawal
Yogendra Kumar Verma
Hariballabh Agrawal
Chetan Dandawate
Ramesh Sinha
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
