Jahawar Singh v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Cr.) No. 646 of 2020

1. Jahawar Singh, S/o Dharamjeet , aged about 38 years, Occupatio - Sarpanch, Gram Panchayat, Ramnagar, R/o Village - Ramnagar, Police Station - Bishrampur, Tahsil and District - Surajpur (C.G.) 2.

Tularam Yadav, S/o Sambhu Yadav, aged about 45 years, Caste - Bargarh, Occupation - Panchayat Secretary, Gram Panchayat - Ramnagar, R/o Gram Jhumarpara, P.S. - Bishrampur, Tahsil and District - Surguja (C.G.) ---- Petitioners.

Versus

1.

The State of Chhattisgarh, Through Secretary, Department of Home, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur Tahsil and District - Raipur (C.G.) 2.

The Superintendent of Police, Surajpur, District - Surajpur (C.G.) 3.

Station House Officer, Police Station - Bishrampur, District - Surajpur (C.G.) 4.

The Chief Executive Officer, Janpad Panchayat, Surajpur, District - Surajpur (C.G.) ---- Respondents.

For Petitioners : Shri A.K. Prasad, Advocate. For Respondents No. 1 to 3 : Shri H.S. Ahluwalia, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/12/2020 (1) Learned counsel for the State submits that in compliance of order of this Court dated 16.12.2020 Mr. J.P. Bhartendu, C.S.P. Surajpur is present in person in the Court. He submits that order passed by the Commissioner was not brought to the

notice of investigating officer, therefore, the investigation has proceeded, however, affidavit has been filed by the Collector/Superintendent of Police of District Surajpur that now further proceedings pursuant to the FIR No. 0039/2020 has been stayed and no proceeding would be taken against the petitioner till the matter is finally decided by the Commissioner, Revenue Division, Surguja.

(2) Affidavits filed by the Collector / Superintendent of Police of District Surajpur are taken on record.

(3) In view of the aforesaid statement, the writ petition (Cr.) is closed. However, the petitioner is liberty to avail the remedy depending upon the decision to be rendered by the Commissioner in the revision preferred by him. (4) I hope and trust that State Authorities would proceed as per affidavit given by the Collector / Superintendent of Police, District Surajpur. Sd/- (Sanjay K. Agrawal) Judge D/-