High CourtsSingle Bench(2021) 05 CHH CK 0050

Sanjay Bhivgade And Ors vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 17 May 2021

HON’BLE JUDGES
Rajendra Chandra Singh Samant, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (CRMP) No. 385 Of 2021

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Judgment

14 paragraphs · 224 words

Heard.

It is submitted by the learned counsel for the petitioner that this petition has been filed under Section 482 of Cr.P.C. challenging the order dated

02.03.2021, passed by the Judicial Magistrate First Class, Bilaspur, which is contrary to the ratio of law laid down, which have been referred in

Indresh Sharma & Anr. Vs. Smt. Heera Bai & Anr., reported in 2015 SCC OnLine Chh. 15, Anju Chaudhary Vs. State of Uttar Pradesh & Anr.,

reported in (2013) 6 SCC 384, Amarnath Agrawal Vs. Jai Singh Agrawal & Ors., reported in 2015 SCC OnLine Chh. 14, therefore, this petition be

admitted for hearing and interim protection be granted to the petitioners.

State counsel opposes the submission and submits that consequent upon the impugned order, FIR has been registered against the petitioners, therefore,

no such stay can be ordered as prayed for.

Mr. Pandey appearing for respondent No.2 submits that he may be granted time to file reply to the petition and he also opposes the application for

grant of interim relief.

After considering on the submissions, the prayer made by the petitioners is allowed on temporary basis. It is ordered that no coercive steps shall be

taken against the petitioners, till the next date of hearing.

List this case on 9th of June, 2021.

In the meanwhile, the State may also file reply.