BHAGWAT PRASAD SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved of the charge sheet dtd. 10/8/2021 the present writ petition has been filed.

(2.) The prayer of petitioner primarily is for staying the departmental inquiry contemplated by the impugned charge-sheet Annexure P-1 till the criminal case, for the same incident and cause of action which the petitioner has already been prosecuted through an FIR Annexure P-3, is finalized.

(3.) The brief facts of the case are that the petitioner in the present writ petition is working under the respondents as a Police Constable. The complainant in the present writ petition is the wife of petitioner. The wife of petitioner is said to have already lodged an FIR against the petitioner for the offence punishable under Sec. 498A, 323, 377, 34 of IPC. Subsequently, the charge sheet (final report) in the criminal case has also been filed on 23/7/2021. The petitioner is facing trial before the concerned criminal Court for the same set of offence. Meanwhile, the present charge sheet has been issued contemplating departmental inquiry. For ready reference the two charges levelled against the petitioner is reproduced hereinunder;