nrg1wL 1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION [cm No. l? /2oo7 :— Sukhdeo Ram RaJwade S/o Nanka PETITIONER Ram RaJwade aged about 4O years R/o V111age- Ta151wa, P S H 8L Tahs11 Surajpur, [Police station Surajpur] District Surguja Chhattisgarh. VERSUS - /l’]‘ State of Chhattisgarh Through — Principal, Secretary of Home Department, D.K.S. Bhavan, Raipur [C.G.]. 2] Inspector General of Police, / Ambikapur, District Surguja {C.G.] 3] Superlntendent of Pohce SuraJpur [Pollce Dlstrict] D1str1ct Surguja [C G] 4] Police Station House Officer P S H Surajpur Police District Surajpur Distr1ct [Revenue] Surguja Chhattisgarh. 5] Assistant Sub Inspector A.K. Pandey, Police Station— Surajpur, District Surguja [C.G.} /6] Sewak Ram S/o Dhaniram Rajwade aged about 32 years R/o Village T11s1wa PS H 8L Tahsrl Surajpur D1str1ct Surguja [C G ] RESPONDENTS / WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA : XI—HC-78 UV) M5 ‘7/ $190} urn-mmWA WWW ..oo..o.o.oooooo.oo 200 WW(W) WWW WWW watwm WW§WW éamm 2 ZUU/ Shri J.K. Shastri, Advocate for the petitioner. Shri Snrvakant Mishra, t0 ‘O . Hearti. BV this petition under the petitioner is praying tor miansd to Crim€ No. '294f'20 District Sarguja for offence p Tim gn'evance oi L116 p6 the aforesaid offence on the ‘t submitta} that a civil dispw the complainant in the Cou becauee of this aunnoetty, compiainant. He further stt petitioner was present in tr documents flied by the peti submits that he has airea Poiice, Surajpur as aiso' the circumstancss under which the basis of the faise comp: undertaken bv the lnvestige. filed against the petitioner. i have hearti Earned c ounsel for the petitioner. l have perused of Annexure P—S. From perusal_of_the l Fanei LaWVer for the respondent No. 1 Articie 2’26 of the Constitution of India, quashing of the criminal proceedings 36 registered in Ponce b'tation b‘uragpur, unishable under Section 435 of LRC. titioner is that he has been implicates 1n tasis of false report of Annexure P—3. it is e is pending between the petitioner and rt of Civil Judge Class l, Surawur and a false report has been lodged by the aunts that at the time of incident, the re Court which is evident from various tioner along with the petition. He also .dv approached the Superintendent or inspector General of Police detailing the the report has been lodged, however on aint, the tainted investigation has been ting Officer and charge sheet. has been the First lnfonnation Repor: P.T.O. XI—HC-78 3—143mm m W \A3D(M"ma\; $0}, Wm...uu”nuuuu” \ 200 wm(W) WW§WW mmuf%aa¥1%$r §mf§mm FIR which has imam ledged by T116 complainan on he dae of allaged mcident it is ciear that the petitioner has been named as offender. Having considered the facts and Circumstances, is Cou is of the considered opinion that them is no illegaliy committed by the investigating Gil-leer in mgistering the offene. i shall e open o the petitioner to take all the defences available o him during the course of the trial, and the crininal proceedings again the petitioner cannot he quashed at the threshold. The petition is dismissed. Consequently, NLWJ’. No. 289i 2007 so ismisse /— Dhirendra Mishra Judge 0 ‘ t t t th rt t c t b t t st s al dd ad i