Dr. Vimal Chopda vs State Of Chhattisgarh
2021 Latest Caselaw 439 Chatt

                                                    1
                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                              Order Sheet

                                         CRMP No. 328 of 2021

        Dr. Vimal Chopda S/o Late Shri Nemichand Chopda Aged About 58 Years R/o Baronda
         Chowk, Mahasamund, Tahsil And District Mahasamund Chhattisgarh.

                                                                                        ---- Petitioner

                                                Versus

        State of Chhattisgarh Through The District Magistrate, Mahasamund, District Mahasamund
         Chhattisgarh.

                                                                                      ---- Respondent

21/06/2021 Shri Siddharth Rathod, Advocate for the Petitioners.

Shri Gurudev Sharan, Government Advocate for the State.

The learned counsel for the Petitioners would submit that an offence has been

registered against the Petitioner under Section 188 of IPC. The said offence has been

registered in pursuance of FIR dated 28.10.2013. He further submits that the FIR has

been registered without compliance of Section 195 of the Cr.P.C. Section 195 of the

Cr.P.C specifically provides that for any offence punishable under Section 172 to 188 of

IPC, cannot be registered without the complaint in writing of that Court or by the Officer

of the Court as that may be authorized in writing in his behalf. The issue is no more res

integra, the Coordinate Bench of this Court in WP(Cr) No. 310/2020, Dr. Apurva Gihiya

v. State of Chhattisgarh & Another dated 07.10.2020 has already quashed the

proceedings for non-compliance of Section 195(2) of the Cr.P.C.

Petition is arguable.

Admit.

Also heard on IA No. 1 of 2021, application for grant of interim relief.

Taking into consideration the judgment passed by the Coordinate Bench of this

Court, the further proceedings in the Criminal Case No. 1184 of 2018 in case of State of

C.G. vs. Dr. Vimal Chopda which is pending before the District Magistrate,

Mahasamund in the State, shall remain stayed till the next date of hearing.

The learned counsel for the State prays for four weeks' time to file reply.

List this matter in week commencing 9th of August, 2021.

Sd/-

(Narendra Kumar Vyas) Judge

Hem