Citation : 2023 Latest Caselaw 926 Chatt
Judgement Date : 13 February, 2023
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.M.P. No.308 of 2023
Shahid Ali & Ors. Versus State Of Chhattisgarh & Anr.
13.02.2023 Shri Anuroop Panda, counsel for the Petitioners.
Shri Ashish Gupta, PL appears and accepts notice on behalf of the State/Respondent
No.1.
Heard on admission.
Admit.
Issue notice to Respondent No.2 only on payment of PF as per rules.
Also heard on IA No.01/2023, an application for grant of interim relief.
Issue notice to the said Respondent on this application also, as above.
Shri Panda submits that Petitioners No.1 & 2 are 'mousa' and 'mousi' of the husband of the Complainant and Petitioners No.3 & 4 are sisters of the husband, who are residing separately, vague and omnibus allegations have been made against them in the FIR, which has also been lodged at a belated stage, therefore, prays to stay the effect and operation of the impugned FIR.
Learned State Counsel opposed the prayer.
Having considered the submissions made, having perused the documents annexed herewith, further considering all the aspects of the matter and in view of the judgment rendered in the matter of Kahkashan Kausar Alias Sonam and Others vs. State of Bihar and Others reported in (2022) 6 SCC 599, purely an interim measure, it is ordered that qua the Petitioners, the effect and operation of the impugned FIR No.108/2022 dated 21.03.2023 registered at P.S Baikunthpur, District Korea shall remain stayed till the next date of hearing.
Sd/-
(Deepak Kumar Tiwari) Judge Priya
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