Disposed¶23

Dharmendra Mahobiya v. State of Chhattisgarh

Chhattisgarh HC7 Jan 2025CRMP/178/2023

Case brief

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What is this about?

Chhattisgarh High Court, Bilaspur | CRMP No. 178 of 2023, decided 08/01/2025 | Section 482 CrPC | Direction sought to police to arrest accused (Umesh Kumar Nirmalkar) after cancellation of conditional bail and non-execution of trial Court's arrest warrant; State affidavit showed ongoing efforts; no further direction issued; petition disposed of.

What did the court decide?

No further direction is required in the matter as the Police is already making efforts to arrest the accused; however, the trial Court may take appropriate steps in accordance with law to secure the attendance of the accused. ¶22

Dharmendra Mahobiya Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:1150

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 178 of 2023

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1 - Dharmendra Mahobiya S/o Late Shri Khedu Ram Mahobiya Aged About 55 Years R/o Mannat Ayodhya Nagar, Mahasamund Chhattisgarh.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through Station House Officer Kotwali Police Station Mahasamund, District : Mahasamund, Chhattisgarh

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2 - Superintendent Of Police, Bti Road, Near Collectorate Office, Mahasamund District Mahadamund Chhattisgarh

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3 - Umesh Kumar Nirmalkar S/o Shri Pawan Kumar Nirmalkar, Aged About 32 Years R/o Nayapara Ward No. 4, Near Sharda Mandir, Mahasamund, Thana, Tahsil And District Mahasamund Chhattisgarh.

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... Respondent(s)

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For Petitioner(s) : Shri Shikhar Shukla, Advocate. For Respondent/ : Shri Ajit Singh, GA. State

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Hon'ble Shri Deepak Kumar Tiwari, J

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2025.01.08 18:07:39 +0530

Order On Board

08/01/2025

Through this petition filed under Section 482 of the CrPC, the petitioner seeks a direction to the respondent/State authorities to arrest respondent No.3 herein in compliance of the orders dated 21.6.2022 & 4.11.2022 passed in MCRC No.2149/2022 & CRMP No.1742/2022, respectively, as the conditional bail granted to respondent No.3 stands cancelled.

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Learned counsel for the petitioner would submit that the respondent No.3/accused has been granted conditional bail and he has violated the terms and conditions of the bail and, therefore, the trial Court has issued arrest warrant, but the concerned police has not taken any steps for arresting respondent No.3.

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On the other hand, learned State Counsel would submit that the police is continuously making an effort to execute the arrest warrant and an affidavit has also been filed by Shri Nitesh Singh Thakur, SHO, PS Mahasamund in support of the return filed by the State.

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Considering the averments made in the return filed by the State, this Court is of the opinion that no further direction is required in this matter as the Police is already making an effort for arresting the accused. However, the trial Court may take appropriate steps in accordance with law to secure the attendance of the accused.

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Accordingly, the CRMP is disposed of.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Barve

Dharmendra Mahobiya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dharmendra Mahobiya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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