Disposed¶24

Gulchand @ Gulsan Sonwani v. State of Chhattisgarh

Chhattisgarh HC8 Jul 2024CRMP/2/2023

Case brief

AI extract

What is this about?

CRMP No. 2 of 2023, High Court of Chhattisgarh, Bilaspur (Ramesh Sinha, C.J. and Ravindra Kumar Agrawal, J.), decided 09.07.2024. Petitioner Gulchand @ Gulsan Sonwani sought quashing under Section 482 Cr.P.C. of FIR Crime No. 328/2021 (P.S. Pamgarh), charge-sheet dated 13.09.2021 and trial in Criminal Case No. 1068/2021 before JMFC Pamgarh for offences under Sections 279, 337 and 304-A IPC. Petition disposed of: no interference where charges framed and trial in progress; trial Court urged to conclude trial expeditiously. No precedent relied upon.

What did the court decide?

Quashing declined; petition disposed of with the expectation that the trial Court concludes the trial expeditiously in accordance with law, subject to no legal impediment. ¶24

Gulchand @ Gulsan Sonwani Vs State of… — Murder and Culpable Homicide | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 2 of 2023

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Gulchand @ Gulsan Sonwani, S/o Rampyare Sonwani, Aged About 27 Years, R/o Village Bilari, P.S. Shivrinarayan, District Janjgir-Champa, Chhattisgarh.

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---- Petitioner

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Versus

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1. State of Chhattisgarh Through S.H.O. P.S. Pamgarh, District JanjgirChampa, Chhattisgarh.

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2. Anil Dinkar S/o Teras Ram Dinkar, Aged About 39 Years R/o Village Newraband Pamgarh P.S. Pamgarh, District Janjgir-Champa, Chhattisgarh.

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Ravindra Sharma, Advocate. : For Respondent/State Dr. Surendra Kumar Dewangan, Panel Lawyer.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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09.07.2024

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1. Heard Mr. Ravindra Sharma, learned counsel for the petitioner. Also heard Dr. Surendra Kumar Dewangan, learned Panel Lawyer, appearing for respondent No. 1/State.

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2. The petitioner by way of instant petition under Section 482 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’), invoking the extraordinary jurisdiction of this Court for quashment of the FIR bearing Crime No. 328 of 2021, entire charge-sheet dated 13.09.2021 and criminal case registered

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against the petitioner for the offences punishable under Sections 279, 337 and 304-A of the India Penal Code (IPC) and pending before the Court of learned Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa (C.G.) bearing Criminal Case No. 1068 of 2021.

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3. Learned counsel for the petitioner submitted that from perusal of the charge-sheet, it transpires that no offence is disclosed against the petitioner, therefore, he prays for qaushment of impugned FIR and the further criminal proceedings pursuance thereof. He also submits that the charges have been framed against the petitioner and the trial is in progress.

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4. On the other hand, learned State counsel also endorses the submissions made by the learned counsel for the petitioner that the charges have been framed against the petitioner and also states that some of the prosecution witnesses have already been examined by the trial Court and the trial is in progress.

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5. Considering the aforesaid facts and circumstances of the case that the charges have been framed against the petitioner and some of the prosecution witnesses have already been examined by the trial Court and the trial is in progress, therefore, at this stage, we are not inclined to interfere in the matter.

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6. Accordingly, the instant petition is disposed off . However, we hope and trust that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, in accordance with law, if there is no legal impediment.

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Abhishek/Brijmohan

Gulchand @ Gulsan Sonwani v. State of Chhattisgarh

Case brief

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Gulchand @ Gulsan Sonwani v. State of Chhattisgarh

Case brief

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