Disposed

Dukalu Ram v. State of Chhattisgarh

Chhattisgarh HC10 Mar 2023WPCR/21/2022

Case brief

AI extract

What is this about?

In a writ petition, the petitioner claimed his remission application under CrPC Section 432 was not decided. The court directed him to file a fresh application and reserved liberty to ensure it was decided within two months, disposing the petition without merits.

What did the court decide?

Directed petitioner to file fresh application under Section 432 CrPC to be decided within two months.

Dukalu Ram Vs State of Chhattisgarh — Civil Procedure and Limitation | Chhattisgarh HC (2023)

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[Writ Petition (Criminal) No. 21 of 2022]

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (Criminal) No. 21 of 202 2

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Dukalu Ram S/o Bhimkham Sahu, Aged About 42 Years R/o Kapsi, Police Station Patan, District Durg, Chhattisgarh., District : Durg, Chhattisgarh

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---- Petitioner

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Versus

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State of Chhattisgarh Through - The Secretary Home Department, Mahanadi Bhawan Secretariat Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Inspector General Prison/ Jail, Head Quarter, Raipur, District - Raipur

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District Magistrate / Collector Durg, District Durg Chhattisgarh

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Superintendent, Central Jail Durg, District Durg Chhattisgarh

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---- Respondents

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For Petitioner : Mr. Rahil Arun Kochar, Advocate For State/Respondents : Mr. Avinash Singh, Panel Lawyer

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Division Bench

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Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board (10.03.2023)

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Sanjay K. Agrawal, J

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1. In this writ petition filed by the petitioner under Article 226 of the Constitution of India, the petitioner is claiming that he has filed an application under Section 432 of CrPC for considering his case for remission before the appropriate concerned authority, but same has

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[Writ Petition (Criminal) No. 21 of 2022]

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not been considered and decided till date.

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2. On the other hand, learned State counsel submits that no such application under Section 432 of CrPC has been filed by the present petitioner, which contention has also been raised in the reply filed by the respondents which is supported by an affidavit.

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3. Be that as it may be and without entering into the above-stated controversy, this writ petition is disposed of by reserving liberty in favour of the petitioner to file a fresh application under Section 432 of CrPC alongwith copy of this order before appropriate State authority within three weeks from today, which will be considered and decided within two months from date of receipt of said application on its own merits in accordance with law by passing and reasoned and speaking order.

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4. With the aforesaid liberty and direction and without expressing any opinion on the merits of the case, the instant writ petition stands disposed off . No order as to cost(s).

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Sd/Sd/- (Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge

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s@if

Dukalu Ram v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dukalu Ram v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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