Dismissed

Smt. Aradhana Tripathi v. State of Chhattisgarh

Chhattisgarh HC3 Jul 2023WPCR/203/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226 of the Constitution, the petitioner prayed for directing investigation and filing of charge-sheet. The court found the petitioner herself admitted that investigation was concluded and a charge-sheet was filed, and dismissed the petition as not pressed, granting liberty to challenge the charge-sheet under Section 482 of Cr.P.C.

What did the court decide?

Petition dismissed as not pressed; liberty to file application under Section 482 Cr.P.C. to quash charge-sheet.

Smt. Aradhana Tripathi Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPCR No. 203 of 2022

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Smt. Aradhana Tripathi W/o Late Shri Suresh Kumar Tripathi, Aged About 55 Years Occupation Housewife, R/o As-87, Agyeya Nagar, Bilaspur, District Bilaspur Chhattisgarh. Pin Code- 490001, District : Bilaspur, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Director General of Police, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Inspector General of Police, Bilaspur Range, Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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Senior Superintendent of Police, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

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Station House Officer, Police Station Civil Lines, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Ms. Sushma Gupta holding brief of Mr. Dhiraj Kumar Wankhede, Advocate. For Respondents/State : Mr. Chandresh Shrivastava, Additional Advocate General.

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Smt. Rajani Dubey, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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03.07.2023

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1. Heard Ms. Sushma Gupta holding brief of Mr. Dhiraj Kumar Wankhede, learned counsel for the petitioner. Also heard Mr. Chandresh Shrivastava, learned Additional Advocate General, appearing for

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respondents/State.

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2. The present writ petition has been filed by the petitioner with the following prayers:

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“10.1 The Hon’ble Court may kindly be pleased to call for the entire records leading to the impugned inaction on the part of the respondents for the kind perusal of this Hon’ble Court.

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10.2 The Hon’ble Court may further kindly be pleased to direct the authorities to investigate the matter and file charge-sheet.

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10.3 The Hon’ble Court may also kindly be pleased to direct the police to consider the complaint filed by the petitioner after registration of FIR.

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10.4 The Hon’ble Court may also kindly be pleased to direct the police authorities to provide proper security to the petitioner.

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10.5 Cost of the petition may also be granted to the petitioner.

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10.6 Any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice. ”

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3. Ms. Sushma Gupta, learned counsel for the petitioner submits that in the present case, investigation has been concluded and charge-sheet has been submitted in the Court concerned. Hence, the present petition may be dismissed as not pressed with a liberty to file an appropriate application under Section 482 of the Cr.P.C. for quashing of the chargesheet before the competent Court.

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4. Mr. Chandresh Shrivastava, learned Additional Advocate General, appearing for respondents/State, has no objection.

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5. In view of the submission of learned counsel for the petitioner, the present writ petition is dismissed as not pressed with liberty to take recourse to law, if aggrieved by the charge-sheet submitted against him, if so advised.

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Sd/- Sd/-

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(Rajani Dubey) (Ramesh Sinha) Judge Chief Justice

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Hem

Smt. Aradhana Tripathi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Aradhana Tripathi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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