BHAGWAN RAM UIKE v. THE STATE OF CHHATTISGARH

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).5575 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S). 12557/2023)

BHAGWAN RAM UIKE APPELLANT(S)

THE STATE OF CHHATTISGARH & ORS. RESPONDENT(S)

1. Leave granted.

2. Heard the learned counsel appearing for the appellant and the

learned counsel appearing for the first respondent-State.

3. The prayer made by the appellant before the High Court was for

quashing a First Information Report by invoking the provisions of

Article 226 of the Constitution of India read with Section 482 of

the Code of Criminal Procedure, 1973 (for short, “the Cr.PC”). We

find that the High Court while rejecting the petition has not even

looked into the allegations in the complaint filed under Section

156(3) of the Cr.PC and the First Information Report.

4. In these circumstances, we set aside the impugned order and

restore WPCR No.309/2020 to the file of the High Court of

Chhattisgarh at Bilaspur. We direct that the restored petition

shall be listed before the roster Bench of the High Court on 27th

January, 2025 in the morning. We direct the appellant and the

respondents to remain represented before the High Court on that day

and no further notice will be served upon them.

5. All questions on merits are left open to the decided by the

High Court.

6. The Appeal is partly allowed on t...