Disposed

Kuldip Nirala v. State of Chhattisgarh

Chhattisgarh HC4 Sept 2024WP227/680/2023

Case brief

AI extract

What is this about?

This Court disposed of a writ petition seeking to set aside a trial court order dismissing an application under Section 91 CrPC for producing electronic documents. The Court observed that petitioners could obtain documents from the earlier bail application and file a fresh application if advised.

What did the court decide?

Directed petitioners to obtain documents and move a fresh Section 91 CrPC application on merits if so advised.

Kuldip Nirala Vs State of Chhattisgarh — Criminal Trial and Appeal | Chhattisgarh HC (2024)

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2024:CGHC:34545

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 680 of 2023

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1 - Kuldip Nirala S/o. Late Shri Jhaduram Nirala, Aged About 38 Years R/o. Village Salauni Kala P.S. - Bhatagaon, District - Balodabazar, Now Sarangarh, Chhattisgarh.

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2 - Sanjay Nirala S/o. Shri Jeetram Nirala, Aged About 27 Years R/o. Village Salauni Kala P.S. - Bhatagaon, District - Balodabazar, Now Sarangarh, Chhattisgarh.

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3 - Ashwani Dinkar, S/o. Dhaniram Dinkar, Aged About 39 Years R/o. Village Salauni Kala P.S. - Bhatagaon, District - Balodabazar, Now Sarangarh, Chhattisgarh.

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4 - Gopi @ Surendra Dinkar, S/o. Dhansay Dinkar, Aged About 39 Years R/o. Village Salauni Kala P.S. - Bhatagaon, District - Balodabazar, Now Sarangarh, Chhattisgarh.

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5 - Shivkumar Nirala, S/o. Jeetram Nirala, Aged About 32 Years R/o. Village Salauni Kala P.S. - Bhatagaon, District - Balodabazar, Now Sarangarh, Chhattisgarh.

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6 - Mahettar Ram @ Salag Jangade, S/o. Ghasiya Jangade, Aged About 66 Years R/o. Village Salauni Kala P.S. - Bhatagaon, District - Balodabazar, Now Sarangarh, Chhattisgarh.

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7 - Johit Jatwar, S/o. Ramprasad Jatwar, Aged About 37 Years R/o. Village Salauni Kala P.S. - Bhatagaon, District - Balodabazar, Now Sarangarh, Chhattisgarh.

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2024.09.06 10:50:03 +0530

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8 - Sameer Jangade, S/o. Ramdas Jangade, Aged About 25 Years R/o. Village Salauni Kala P.S. - Bhatagaon, District - Balodabazar, Now Sarangarh, Chhattisgarh.

... Petitioners

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Versus

1 - State Of Chhattisgarh Through Its Collector Balouda Bazar, By P.S. Incharge Bhatgaon, District - Balodabazar, Now Sarangarh, Chhattisgarh. (Respondents/ Prosecution)

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... Respondent

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For Petitioners : Shri Suresh Kumar Pandey, Advocate. For Respondent : Shri Rajeev Bharat, Govt. Advocate.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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05/09/2024 :

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The petitioners have filed the instant writ petition and prayed for the following reliefs:-

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“10.1 That, this Hon’ble Court may kindly be pleased to call the entire records of the case, from the Court below/

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10.2 That this Hon’ble Court be kindly be pleased to set aside the order impugned 22.03.2023 passed by Hon’ble IInd ASJ Balouda Bazar District Balouda Bazar Now Sarangarh Presided by Shri Niranjan Lal Chouhan, in Session trial No.05/2022 arisen in Crime No.129/2021 at P.S. Incharge Bhatgaon District Balodabazar, now Sarangarh (C.G.) and further be pleased to direct the Court below to proceed the case as per the mandate of the Provisions.

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10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may also be granted in the favour of the petitioners and against the Respondent.”

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At the outset, learned counsel for the petitioners would submit that the petitioners have filed an application under Section 91 of the CrPC for calling the electronic document i.e. pen drive & CD, which was filed by them at the time of consideration of bail application of accused Kuldeep

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Nirala and others. The said application was dismissed by the trial Court on the ground that no proper certificate has been filed in terms of Section 65 of the Evidence Act. Though after complying with the same, the said CD was prepared by one Ranu Dewangan, however, again the prayer was rejected, as the applicants have not pleaded as to who has prepared the said photographs, videography and recorded in the pen drive and presently where the mobile is deposited.

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When query is put to learned counsel for the petitioners, he fairly admits that the said document has not been filed along with the bail application in a sealed cover.

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At this stage, this Court would observe that the petitioners may obtain the said pen drive etc. which were filed along with the bail application and after receipt of the same, they may move fresh application, in accordance with law, to prove such documents in their defence, if so advised. In the event, such application is filed, the same shall be considered on merits, strictly in accordance with law.

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With the aforesaid observation, the Writ Petition is disposed of.

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Sd/(Deepak Kumar Tiwari) Judge

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Barve

Kuldip Nirala v. State of Chhattisgarh

Case brief

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Kuldip Nirala v. State of Chhattisgarh

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