ASHWANI RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common issue is involved both the petitions are heard together.

(2.) Both the petitions have been filed to expunge the remarks/ observations made by learned First Additional Sessions Judge, Raipur while deciding case No. 42/ 2019 on 21/10/2020.

(3.) The brief facts of the case are that petitioner Ashwani Rathore was posted as Station House Officer at Police Station Vidhansabha, District Raipur wherein an incident took place on 26/10/2018 and subsequent to the complaint made FIR was registered under Sec. 302 of IPC bearing crime No. 395/ 2018. Initially, the crime was investigated by Ashwani Rathore, subsequently he was transferred and the investigation was being continued by Laxman Kumeti who was subsequent SHO. After investigation, police arrested 6 accused persons namely Smt. Phoolbatiya Chaturvedi, Smt. Bhagwati Chaturvedi, Umashankar Grithlahre, Kailash Kumar Grithlahre, Dharmendra Kumar Jangade and Harish Kumar Patel. Thereafter, they were charge-sheeted and tried before the Learned Sessions Judge in the aforesaid sessions trial number. The final charge-sheet was filed on 22/1/2019 and after the trial the Learned First Additional Sessions Jude on 21/10/2020 acquitted all the accused of the offences but while acquitting the persons the trial court made an observation at Para 25 of the judgment which reads as under :- <IMG>JUDGEMENT_27_LAWS(CHH)6_2022_1.jpg</IMG> <IMG>JUDGEMENT_27_LAWS(CHH)6_2022_2.jpg</IMG>