Smt. Rashmi Sharma vs State Of Chhattisgarh And Ors
2021 Latest Caselaw 1364 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                     CRMP No. 388 of 2014
                     (deleted) Dr. Sunil Mishra Versus State Of Chhattisgarh

                                       CRMP/640/2014,




26.07.2021         Mr. Akhtar Husain, Advocate for the Petitioners in CRMP No. 388 of 2014
             and for Respondent Nos. 2 to 5 in CRMP No. 640 of 2014.

Mr. Himanshu Pandey, Advocate on behalf of Mr. B. P. Sharma, Advocate for the Petitioner in CRMP No. 640 of 2014 and for Respondent No. 2 in CRMP No. 388 of 2014.

Mr. Sudeep Verma, Dy. Government Advocate for the State.

The petitioner has filed this petition (CRMP No. 640 of 2014) on the count that the Complainant- Smt. Sonal Mishra who earlier belongs to Scheduled Tribes Community married to one Dr. Shantanu Mishra therefore, after marriage she is not belongs to Scheduled Tribe community as such her complaint under Section 268 of the Atrocities Act is not maintainable.

When this Court highlighted the judgment of the Supreme Court in the matter of Ramesh Bhai Dabhai Naika Vs. State of Gujrat reported in 2012(3) SCC400 and Sunita Singh Vs. State of Uttar Pradsh reported in 2018 (2) SCC493 and brought to the notice of the learned counsel for the petitioner, he would submit that two days' time may be given to him to prepare the matter.

Learned counsel for the respondent (in CRMP No. 640 of 2014) would submit that during course of the petition respondent No. 3 -Dr. Sunil Mishra died therefore his name may be deleted from the array of the respondent. For that learned counsel for the petitioner prayed for three days' time to file suitable application.

Considering the submission made by learned counsel for the parties, list these cases for final hearing at motion hearing stage on Monday i.e. on 02.08.2021.

Sd/-

(Narendra Kumar Vyas) Judge

Amita