HIGH COURT OF CHHATTISGARH, BILASPUR PETITIONER RESPONDENT Writ Petition (Cr.) No. 1470 of2010 1. Jabir Ali S/o Mustafa Ali, aged about 29 years, R/o Malda, Police Station - Katghora, District Korba (C.G.) 2. Pushpa Bai W/o Ganesh Kumar, aged 19 years and 08 months, R/o Raigarh, District Raigarh (C.G.) 3. Budhwar Sai S/o Panchram Chouhan, aged 42 years, R/o Malda at present Sandai, Out post Urga, District Korba Versus State of Chhatisgarh, through Station House Officer, Police Station- Katghora, District Korba (C.G.) (Writ Petition under Article 226 of the Constitution of India) Appearance: Mr. Sudhir Verma, Advocate for the petitioners. Mr. Arun Sao, Govt, Advocate for the respondent. ORAL ORDER (06.04.2010) SynilKymar Sinha, J. Heard. The petitioners have filed This writ petition for the following relief(s):- "10 RELIEF(S) SOUGHT: 10.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the Court below. 10.2 This Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari by which quash the First Information Report No. 163/2007 dated 12.05.2007 lodged by Budhwar Sai S/o Panchram Chouhan, through R.L. Maravi, Assistant Sub Inspector, Police Station Kathgora, District Korba (C.G.) 10.3 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may \5 also kindly be granted in favour of the petitioners." '^ ^ uY »ff!»- ./•-• .iK^«es y^^-' ^ss?^ W.P.CCr.) No. 1470 of 2010 The petitioners, thus in substance, are praying for quashment ofthe First Information Report No. 163/2007 dated 12.05.2007 by which offence under Sections 363 & 366 IPC and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to the Special Act) was registered. . It appears that after registration of the aforesaid offence, the matter was investigated and a charge-sheet was filed before the Court of Competent Jurisdiction. Thereafter the matter was committed and the trial is going on in the Court of Special Judge, Korba, vide Special Session Trial No. 19/07. It is also stated at Bar that the prosecution evidence has already been over and the matter is fixed on 05.04.2010 for defence evidence. We also gather from the contents of Annexure-P/5 that earlier an application for compounding the offence under Section 320 (2) Cr.P.C. was filed and was dismissed by the trial Court. Thereafter Cr.M.P. No. 94/2010 was filed and the said petition was also dismissed on 17.02.2010. The ground for dismissal of the said application was that the offences punishable under Sections 363 & 366 IPC and Section 3 (2) (v) of the SpecialAct were non- compoundable offences. Since the Competent Court has already taken cognizance of the matter and the trial is likely to be concluded very soon, 1 am not inclined to admit this petition for quashing ofthe F.1.R. at this stage. Accordingly, WP (Cr.) No. 1470/2010 is dismissed summarily. Sunia^arSto^ Jud&e vatti