High CourtsSingle Bench(2018) 06 CHH CK 0083

D.R. Thakur And Ors vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 19 June 2018

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Allowed/Disposed Of
CASE NUMBER
Writ Petition (S) No. 4056 Of 2018

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Judgment

9 paragraphs · 236 words

P. Sam Koshy, J

1.

With the consent of the parties, the matter was heard finally.

2.

The challenge in the present Writ Petition is to the chargesheet dated 06/03/2017 issued by the Inspector General of Police, Bilaspur.

3.

The ground of challenge by the petitioner is that, the Inspector General of Police is not the competent authority to issue a chargesheet in view of the regulation 228 of the Chhattisgarh Police Regulation.

4.

The issue raised by the petitioner in the instant Writ Petition stands squarely covered by the judgment of this Court passed in WPS No.4209/2015 decided earlier on the day wherein relying upon the decision of the Madhya Pradesh High Court on parametric provision, the chargesheet under similar facts has been set aside/quashed by this Court.

5.

Thus, this Court is inclined to take same view in the present case also.

6.

Accordingly, the present Writ Petition also stands allowed to the extent that the impugned chargesheet dated 06/03/2017 stands set-aside/quashed on the ground that the I.G.P. is not the competent authority to issue a chargesheet and it is only the Superintendent of Police who can issue a chargesheet.

7.

Reserving the right of the respondents for taking appropriate steps in case if they so desire, the Writ Petition stands allowed in terms of the order passed by this Court in WPS No.4209/2015.

8.

The Writ Petition accordingly stands allowed and disposed off.