High CourtsDivision Bench(2019) 10 CHH CK 0075

Shailendra Nema vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 15 October 2019

HON’BLE JUDGES
P.R. Ramachandra Menon, CJ · Parth Prateem Sahu, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No. 461 Of 2019

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Judgment

11 paragraphs · 197 words

P. R. Ramachandra Menon, CJ

1.

Interference declined by the learned Single Judge to grant the relief to register a crime by the Police with regard to the alleged offences (nature of

which reveals that it is a civil dispute, for not honouring the terms of a contract for sale) is sought to be challenged by filing writ appeal, referring to the

law declared by the Supreme Court in Lalita Kumari vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1.

2.

During the course of hearing, the learned counsel for the Appellant was confronted with course of action available to the aggrieved party with

reference to Section 154 (3) of the Cr.P.C. or as to the right to approach the Magistrate having jurisdiction over the area by filing appropriate

proceedings in terms of Section 190, read with Section 200 of Cr.P.C, if at all any offence was there.

3.

The learned counsel for the Appellant seeks for permission to withdraw the matter, without prejudice to the rights and liberties to pursue appropriate

steps in accordance with law, including the civil remedy.

4.

Permission is granted.

5.

The writ appeal is dismissed as withdrawn.