Citation : 2022 Latest Caselaw 4796 Chatt
Judgement Date : 26 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPS No. 5089 of 2022
Subhash Chand Yadav Vs. State of Chhattisgarh & others
26.07.2022
Mr. Aman Upadhyay, counsel for the petitioner.
Mr. Sandeep Dubey, Dy. A.G. for the State. Learned counsel for the petitioner would submit that earlier the petitioner has filed writ petition bearing WPS No. 2540 of 2016 wherein, Hon'ble Coordinate Bench of this Court has directed to examine case of the petitioner in light of judgment rendered by Hon'ble the Supreme Court in Avtar Singh Vs. Union of India reported in (2016) 8 SCC 471, but the State has not considered the case of the petitioner in light of Avtar Singh (Supra).
It is not in dispute that the petitioner has been acquitted from charges levelled against him and the authorities have not examined the case of the petitioner in light of Avtar Singh (Supra). This issue is required to be considered by this Court, therefore, the case is admitted for hearing.
Learned State counsel is directed to file reply within six weeks. List this case after eight weeks.
Sd/-
(Narendra Kumar Vyas) Judge
Arun
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