Dismissed

Budharu Ram Dhiwar v. State of Chhattisgarh

Chhattisgarh HC8 Aug 2023WPCR/204/2022

Case brief

AI extract

What is this about?

Three petitioners filed a writ petition seeking directions against State and Police Respondents regarding an inquiry closure, apprehension of harassment by Respondent No. 4, and restrictions on future inquiries. The respondents submitted that a Section 155 preliminary inquiry resulted in no cognizable offence and the matter was closed. The court accepted this submission.

What did the court decide?

The writ petition is disposed of in view of the submission that the matter has been closed after preliminary inquiry under Section 155 CrPC.

Budharu Ram Dhiwar Vs State of… — Constitutional and Fundamental Rights | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WPCR No. 204 of 2022

¶5

Budharu Ram Dhiwar S/o Kapil Ram Dhiwar Aged About 38 Years R/o VillageDaldalseoni, Mowa, Raipur (C.G.)

¶6

Rajendra Prasad Dhiwar S/o Kapil Ram Dhiwar Aged About 37 Years R/o Village- Daldalseoni, Mowa, Raipur, (C.G.)

¶7

Kanhaiya Biswas S/o Late Kulpat Biswas Aged About 52 Years R/o Raman Mandir, Fafadi, Raipur (C.G.)

¶8

---- Petitioners

¶9

Versus

¶10

State Of Chhattisgarh Through- Secretary, Home Department Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur District- Raipur (C.G.)

¶11

Superintendent Of Police Raipur, District- Raipur (C.G.)

¶12

Station House Officer Police Station- Azad Chowk, District- Raipur (C.G.)

¶13

Shri Anand Singhania S/o Santosh Singhania Aged About 49 Years R/o Avinash House Maruti Business Park, G.E. Road, Raipur (C.G.)

¶14

---- Respondent

¶15

(Cause-title taken from Case Information System)

¶16

----------------------------------- For Petitioners	----------------------------------------------------------- : Mr. Kshitij Sharma, Advocate
For Respondents 1 to 3	: Mr. Chandresh Shrivastava, Additional
	Advocate General
For Respondent No. 4	: Mr. Sumesh Bajaj, Advocate.

¶17

Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. N.K. Chandravanshi, Judge

¶18

Order on Board

¶19

Per Ramesh Sinha, Chief Justice

¶20

08-08-2023

¶21

1. Heard Mr. Kshitij Sharma, learned counsel for the petitioners, Mr. Chandresh Shrivastava, Additional Advocate General for respondents No. 1 to 3 and Mr. Sumesh Bajaj, learned counsel appearing for respondent No. 4.

¶22

¶23

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

¶24

“10.1 That, the Hon’ble Court may kindly be pleased to call upon all the relevant records from the respondent No. 2 and 3, whereon previous occasions a preliminary inquiry has been conducted against the petitioners.

¶25

10.2 That, the Hon’ble Court may kindly be pleased to issue a writ / direction/ order of appropriate nature directing the respondent No. 1 suitable action against the delinquent police officers who have not paid any heed to the complaints of the petitioners.

¶26

10.3 That, the Hon’ble Court may kindly be pleased to issue a writ/direction/order of appropriate nature restraining the respondent No. 2 and 3 from unnecessarily harassing the petitioners on successive complaints being made by respondent No. 4.

¶27

10.4 That, the Hon’ble Court may kindly be pleased to issue a writ/direction/order of appropriate nature restraining the respondent No. 2 and 3 from holding any inquiry w.r.t. the transaction/allegations which has already been reported to be non-cognizable on previous preliminary inquiries.

¶28

10.5 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

¶29

¶30

3 . Mr. Chandresh Shrivastava, learned Additional Advocate General appearing for respondents No. 1 to 3 submits that matter was inquired under Section 155 of the Code of Criminal Procedure, 1973 and no cognizable offence registered against the petitioner and the matter has been closed.

¶31

4 . In view of the same, this petition stands disposed of.

¶32

Sd/Sd/- (N.K. Chandravanshi) (Ramesh Sinha) Judge Chief Justice

¶33

Pathak

Budharu Ram Dhiwar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Budharu Ram Dhiwar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chaurasiya @ Kameshwar Kumhar Vs State of Chhattisgarh

Jogsai Kumhar Vs State of Chhattisgarh

Shyamnarayan Kumhar Vs State of Chhattisgarh

Punjab National Bank Vs State of Chhattisgarh

Narendra Kumar Jangde Vs State of Chhattisgarh

Punjab National Bank Vs State of Chhattisgarh