@ HIGH COURT OF CHHATTISGARH AT BILASPUR SINGLE BENCH : HON’BLE SHRI SUNIL KUMAR SINHA, J. W.P !Cr.l No 7353 of 2010 Petitioner Kashi Prasad Choudhari aaed about 55 years S/o Radhelal éhoudhari R/o Tarai Gaon Rupandand P.O. Piparkhuti, PS Gaorela District Bilaspur (C.G.) VERSUS 1. State of Chhattisgarh, Through : The Secretary, Government of Home affairs DKS Bhawan, Mantraiaya, Raipur, Chhattisgarh. i Respondents 2_ The Inspector General of Police, Bitaspur Range, Biiaspur, District — Biiaspur, Chhattisgarh. 3; The Superintendent of Police, Bilaspur District — Bilaspur, Chhattisgarh. 4. ‘The Station House Officer, Police Station Gaorela Bilaspur (C.G.) WRIT PETTION UIA 226/227 OF THE CONSTITUTION OF INDIA Present: Shri Dhirendra Pandey, counsel for the petitioner. Shri Arvind Dubey, Panel Lawyer, for the respondents. ORDER (13m January, 2011) Heard. 2) The‘petitioner is father of deceased Rajesh Choudhari. He had filed this writ petition on Utivi22010 for the following reliefs: @J “10.1 This Hon’ble Court be pleased to call for the entire records pertaining to the case of the petitioner.” 10.2 It is also prayed that this Hon’ble Court be pleased to direct by issuing a writ in the nature of mandamus to conduct an inquiry by an CBI, CID independent agency against the police officers and other respondents, into the allegations made by the petitioner‘ This Hon’ble Court be further pleased to direct the concerned authorities to, register offences against the guilty persons. 10.3 Cost of the petition may also be granted to the petitioner. 10.4 That, any other relief, which the petitioner is entitled and this Hon’ble Court deems it fit may kindly, be granted to the petitioner.” 3) This petition was taken up for hearing on 14—12—2010. On the said date, this Court directed the Government Advocate to call for a report relating to the allegations made in the writ petition. The State has filed a report in oompliance' of the order dated 14-12—200, Along with the report, a copy of the order dated 06-01-2011, passed by the Judicial Magistrate First Ciass, Pendra Road, district Bilaspur has been filed. According to the said order, final report was submitted before the Magistrate and the leamed Magistrate has allowed the prayer for khatma of the case. 4) Shri Dhirendra Pandey, learned counsel for the petitioner submits that the aforesaid action taken by the State appears to be mala fide because the same was done after issuance of the notice by this Court. However, he seje‘ks permission to withdraw this writ petition with liberty to challenge the order dated 06-01-2011, passed by the concerned Magistrate before an appropriate forum. 5) Permission granted. 6) Accordingly, the writ petition is disposed of as withdrawn with aforesaid iiberty granted in favour of the petitioner. Sd/- Sunil Kumar Sinha Judge H, subbu