Payal Jain vs State Of Chhattisgarh
2022 Latest Caselaw 7668 Chatt

Citation : 2022 Latest Caselaw 7668 Chatt
Judgement Date : 20 December, 2022

Chattisgarh High Court

Payal Jain vs State Of Chhattisgarh on 20 December, 2022

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                           MCRCA No. 1757 of 2022

• Payal Jain, W/o Ashish Jain, Aged About 42 Years, R/o House No. 22, Jal Vihar
  Colony, Raipur, District- Raipur, Chhattisgarh.

                                                                       ---- Applicant

                                     Versus

• State of Chhattisgarh Through Station House Officer, Police Station- New
  Rajendra Nagar, Tahsil & District Raipur, Chhattisgarh.

                                                                     ---- Respondent

20/12/2022 Mr. Sameer Shrivastava, Counsel for the applicant.

Mr. G.P. Kurre, P.L. for the State.

Heard on I.A. No.01/2022 which is an application for grant of ad-interim relief to the applicant.

Learned State counsel seeks 10 days time to file reply.

Learned counsel for the applicant submits that according to the FIR, the alleged incident is said to have taken place from 25.12.2007 to 17.06.2008 whereas the FIR was lodged on 25.05.2022, after a considerable delay of about 14 years. He submits that there is no allegation against the present applicant in the FIR even if it is taken on its face value. He further submits that the delay has not been explained properly and even in the Judgment of Hon'ble Supreme Court in the matter of Lalita Kumari v. Government of Uttar Pradesh and Ors reported in (2014) 2 SCC 1, where there is inordinate delay, the Police ought to have conducted preliminary enquiry but the same has not been conducted. Therefore, till the reply is filed by the State, the applicant may be protected.

Having heard counsel for the parties, considering their rival submissions made at bar and also considering the facts and circumstance of the case, the State counsel is praying for time to file reply and prima facie, there is delay of about 14 years in lodging the FIR, it is directed that till next date of hearing, no coercive steps shall be taken against the applicant subject to his cooperating with the investigation.

Let the reply be filed.

List this case in the 2nd week of January, 2023 for hearing on application for grant of ad-interim bail to the applicant.

Sd/-

(Sachin Singh Rajput) Judge

Ruchi