Disposed

Vikas Kumar Agrawal v. State Of Chhattisgarh

Chhattisgarh HC4 Jul 2023WPCR/409/2017

Case brief

AI extract

What is this about?

In this writ petition seeking quashment of an FIR and directing fair investigation, the High Court refused to interfere in the second petition filed after a prior compromise attempt failed. However, the court directed the investigating officer to conclude the investigation and submit the police report within three weeks.

What did the court decide?

Direction to the investigating officer to conclude the investigation and submit the police report within three weeks. No quashing granted.

Vikas Kumar Agrawal Vs State Of Chhattisgarh — Quashing and FIR | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 409 of 2017

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Vikas Kumar Agrawal S/o Shankar Lal Agrawal Aged About 32 Years R/o Village And Post And Police Station Pendra, Tehsil Pendra, District Bilaspur, Chhattisgarh., Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Secretary, Department Of Home Affairs, Mahanadi Bhawan, Naya Raipur, Revenue And Civil District Raipur, Chhattisgarh., Chhattisgarh

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Director Of General Police, Police Headquarter, Raipur, Revenue And Civil District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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Superintendent Of Police, Bilaspur, Revenue And Civil District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

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Station House Officer, Police Station Pendra, Revenue And Civil District Bilaspur, Chhattisgarh. Prosecution , District : Bilaspur, Chhattisgarh

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Deputy Superintendent Of Police, S. C. And S. T. Welfare, Police Station Bilaspur, Revenue And Civil District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

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Abc D/o Xyz Aged About 26 Years R/o Pendra, Tehsil And Police

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Station Pendra, District Bilaspur, Chhattisgarh, Presently Residing At Tarbahar, Police Station Tarbahar, Tehsil Bilaspur, Revenue And Civil 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 : Mr. Achyut Tiwari, Advocate For State : Mr. Gurudev I. Sharan, G.A. For respondent No.6 : Ms. Nupur Sonkar on behalf of Mr. Goutam Khetrapal, Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice 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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04.07.2023

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By way of this writ petition, the petitioner has prayed for following reliefs:

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“(10.1) That, the Hon'ble Court may kindly be pleased to issue a writ (s), order (s), direction (s), by quashing the FIR No. 99/2017 (Annexure P-1) and further proceeding which may further culminate into filing of final report in consequences of FIR No. 99/2017, in respect to the petitioner and also of a writ of mandamus restraining the respondents No.4 & 5 from further proceeding with the investigation.

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(10.2) That, the Hon’ble Court may kindly be pleased to issue a writ in the nature of Mandamus against the respondent authorities by commanding the police authorities to fairly investigate the matter as per the procedure and not to falsely implicate the petitioner in nay offence without any cogent and clinching evidence.

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(10.3) That, the Hon’ble Court may kindly be pleased to call for the entire records from the respondents authorities for its kind perusal.

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(10.4) That, the Hon’ble Court may kindly be pleased to grant any other relief which deems fit and proper in the facts and circumstances of the instant case, in the interest of justice.

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2 . Learned counsel for the petitioner argued that earlier the petitioner filed a petition under Section 482 of Cr.P.C. i.e. CRMP No. 977/2017 whereby he had challenged the FIR of the present case. In the said matter, respondent No.6 appeared before the Additional Registrar (J.) of the High Court of Chhattisgarh, Bilaspur for recording of statement and the same was recorded and consequently, matter was compromised between the parties. Hence, counsel for the petitioner withdrew the petition but thereafter difference arose between the parties and present writ petition has been filed for the same cause of action and interim order has been passed.

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3 . Learned counsel for private respondent could not dispute the fact that the statement of respondent No.6 was recorded in CRMP No. 977/2017 and she says that in the present writ petition, no compromise has taken place.

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4 . Considering the facts and circumstance of the case, as the present petition appears to be a second petition filed subsequently after the differences arose between the parties and after withdrawal of the petition being CRMP No. 977/2017, though liberty was granted by Single Bench, the present petition has been filed, we are not

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inclined to interfere in this matter. However, the Investigating Officer is directed to conclude the investigation and submit police report accordingly within a period of three weeks.

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5 . Accordingly, the writ petition stands disposed of.

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Sd/Sd/- (Rajani Dubey) (Ramesh Sinha) Judge Chief Justice

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Ruchi

Vikas Kumar Agrawal v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vikas Kumar Agrawal v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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