OM PRAKASH KURRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Correctness and sustainability of the order dated 06.02.2020 passed in WPS No.830 of 2020 is put to challenge in this writ appeal whereby learned Single Judge dismissed the writ petition in which issuance of charge-sheet against petitioner was challenged.

(2.) Facts of the case in nutshell are that the appellant was posted as Sub-Inspector, Police Station-Battoli, Dist:Sarguja. One Siyaram Ekka made a written complaint on 03.10.2018 against the appellant mentioning therein that the appellant demanded Rs.40,000/- from him for extending some illegal benefit to complainant in a case registered against him in Crime No.91 of 2018 for offences punishable under Sections 304A of IPC and 135 of the Electricity Act. The complaint was enquired into and thereafter, charge-sheet was issued on 28.11.2019 (Annexure P1) imputing two charges. Appellant challenged issuance of charge sheet against him by way of filing Writ Petition, mainly on the ground that Respondent 3 is not the competent authority to issue charge-sheet (Annexure-P1) against him amongst others. In the Writ Petition, appellant has made Regulation 228 of the Chhattisgarh Police Regulations (for short,'Police Regulations') in support of his pleadings as main ground in the writ petition.

(3.) Learned Single Judge upon hearing the submissions of learned counsel for appellant as well as the learned counsel for the State, dismissed the Writ Petition by accepting the argument of learned counsel for the state that Regulation 228 of Police Regulations was amended on 28.11.2018, wherein the word "Superintendent" is substituted by the word "Officer not below the rank of Superintendent of Police".