LAWS(CHH)-2022-1-23

AMAN KUMAR SINGH Vs. STATE OF CHHATTISGARH

Decided On January 10, 2022
Aman Kumar Singh Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Since same set of facts are involved in all the petitions, therefore, they are heard analogously and are being disposed of by this common order.

(2.) Learned Senior counsel for the petitioner has raised objection with regard to hearing of this matter by this Bench contending that the matters are presently part heard before Coordinate Bench of this Court, therefore, in the interest of propriety, it is settled law that all the part heard matters should be placed before the Bench, who has already heard the matter, so that Bench can decide whether the same should be released. He would further submit that appropriate course of action would be that the matter should be placed before the other Coordinate Bench, who has partly heard the matter, so that he can decide whether he would wish to hear the matters or release them to be placed before the roster bench.

(3.) This issue is decided first as it goes to the route of the matter. I have heard learned Senior counsel for the petitioner as well as learned Senior counsel for the State and perused the order-sheets of the case recorded on 28/2/2020, 3/3/2020, 5/5/2020, 9/10/2020 and 19/10/2020, wherein nowhere mentioned in the order-sheet that the matter is 'part heard', thereafter, after reopening of Court after Summer Vacation, Hon'ble Acting Chief Justice has amended the Roster and the Roster related to Writ Petition (Cr.) filed under Article 226 of the Constitution of India as well as the petition under Sec. 482 of the Cr.P.C. have been allocated to this Bench, therefore, this matter is being heard by this Bench, as such, the submission of learned Senior Counsel for the State is that the matter was 'part heard' by the Coordinate Bench of this Court, is incorrect statement, therefore, the same is rejected and now the matter is being decided by this Bench on its own merits.