Citation : 2023 Latest Caselaw 846 Chatt
Judgement Date : 9 February, 2023
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.M.P No.273 of 2023
Seema Sahu & Anr. Versus State Of Chhattisgarh & Anr.
09.02.2023 Shri Ishan Verma, Advocate appears on behalf of Shri Ahutosh Mishra, counsel for the
Petitioners.
Heard on admission.
Admit.
Issue notice to the Respondent No.2 on payment of PF within a week, returnable within
8 weeks.
Shri Devesh Verma, Government Advocate appears and accepts notice on behalf of Respondent No.1/State.
Also heard on IA No.01/2023, an application for grant of interim relief/stay.
Issue notice to the said Respondent on this application also, as above.
At the outset, learned Counsel for the Petitioners submits that there is no specific allegation against Petitioner No.1-Seema Sahu, who is the sister-in-law (jethani) of the Complainant and she is a Government servant posted at Tahsil Office, Dharamjaigarh since 2017. He placed reliance on the judgment rendered in the matter of Geeta Mehrotra and Another vs. State of Uttar Pradesh and Another reported in (2012) 10 SCC 741 and prays to quash the impugned FIR.
Per contra, learned State Counsel opposed the said application.
Purely as an interim measure, it is ordered that further proceedings pending before the JMFC, Gharghoda arising out of FIR dated 07.11.2019 registered at P.S Tamnar, District Raigarh in Crime No.237/2019 against Petitioner No.1 shall remain stayed till the next date of hearing. However, after appearance of Respondent No.2, IA No.01/2023 shall be heard finally.
Post the matter thereafter. Sd/-
(Deepak Kumar Tiwari)
Judge
Priya
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