Chattisgarh High Court
Arun Singh Thakur vs State Of Chhattisgarh on 16 September, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 336 of 2021
Arun Singh Thakur, S/o Late B.S. Thakur, aged about 56 years, R/o Tifra,
Bilaspur (C.G.)
---- Appellant
Versus
1. State of Chhattisgarh Through Secretary, Department of Home,
Mahanadi Bhawan, Mantralaya, Naya Raipur.
2. Director General of Police, Police Head Quarter, Indrawati Bhawan,
Naya Raipur, Chhattisgarh.
3. Inspector General of Police, Bilaspur Range, Bilaspur,
Chhattisgarh.
4. Superintendent of Police, Bilaspur, Chhattisgarh.
5. Station House Officer, Police Station Civil Lines, Bilaspur (C.G.).
6. Vaibhav Jain, S/o Shri Vimal Chand Jain, aged about 41 years, R/o
Choubey Colony, Raipur (C.G.)
7. Vimal Chand Jain, S/o Shri Maniklal Jain, aged about 64 years, R/o
Choubey Colony, Raipur (C.G.)
8. Amit Singh Thakur, S/o Late Kunwar Singh Thakur, aged about 42
years, R/o Parijat Extension, Nehru Nagar, Bilaspur (C.G.)
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Manay Nath Thakur, Advocate.
For Respondents No. 1 to 5 : Mr. H.S. Ahluwalia, Deputy Advocate
General.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Justice Deepak Kumar Tiwari, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
16.09.2022
Heard Mr. Manay Nath Thakur, learned counsel for the appellant.
Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General,
appearing for respondents No. 1 to 5.
2. This writ appeal is preferred against an order dated 08.07.2021
passed by the learned Single Judge in Writ Petition (Cr) No. 462 of 2018.
3. The order of the learned Single Judge, reads as follows:
"1. This writ petition has been filed by the petitioner under
Article 226 of the Constitution of India for registration of FIR
against respondent No. 6 to 8 with following relief:-
"10.2 This Hon'ble Court may kindly be pleased to
direct the respondent No. 5 to register the offence in
pursuance of written report of the petitioner dated
21.07.2018."
2. During pendency of this writ petition, the State has filed
return in which, it has been categorically stated in
paragraph No. 2, which reads as under:-
"2. That, on the basis of written complaint dated
21.07.2018 made by the petitioner, FIR as Crime No.
866/2018 has already been registered in the Police
Station Civil Lines, Bilaspur. That, after registration of
FIR as Crime No. 866/2018, the prayer sought in the
instant petition has become in-fructuous and hence
the present writ petition has also become in-fructuous
and the same is liable to be dismissed."
3. In view of the submission made by learned counsel for
the parties as well as the facts and circumstances of the
case, as the grievance of the petitioner has already been
resolved, the instant writ petition has become infructuous.
4. Accordingly, this writ petition is dismissed as having
become infructuous."
4. The appellant was respondent No. 8 in the writ petition.
5. It is not understood how a writ appeal could be filed against an
order dismissing a writ petition as infructuous.
6. Be that as it may.
7. The appellant has filed an application being, I.A. No. 2 of 2022, for
withdrawal of the writ appeal with liberty to revive the same if the cause
arises.
8. Though such statement is made in the application for withdrawal of
the appeal, Mr. Thakur submits that as closure report had been filed, he
would not press for granting of liberty and appeal may be disposed of on
withdrawal.
9. Mr. Ahluwalia has no objection.
10. Accordingly, the writ appeal is disposed of on withdrawal.
Sd/- Sd/-
(Arup Kumar Goswami) (Deepak Kumar Tiwari)
Chief Justice Judge
Brijmohan
