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2017 Supreme(Chh) 735

RAJENDRA CHANDRA SINGH SAMANT
Sushil Agrawal – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sumesh Bajaj, Advocate.
For the Respondent:Mr. Ashish Shukla, Govt. Advocate.
For the Intervener :Mr. Rajeev Shrivastava, Advocate.

ORDER :

RAJENDRA CHANDRA SINGH SAMANT, J.

1. This petition under Article 226 of the Constitution of India has been brought seeking exercise of supervisory jurisdiction for setting-aside the impugned order dated 15.07.2016, passed by Additional Sessions Judge, Raipur in S.T. No.304/2013, in proceedings of trial and also for direction for conducting an enquiry by independent agency against the prosecution agency for taking frivolous id contrary stands contrary to the official record.

2. It is submitted that one Balai Das lodged one FIR on 07.09.2013 on the basis of which, offence under Section 364, 365 and 506 read with Section 34 of Indian Penal Code were registered against five persons. The petitioner was not named in the FIR. During the investigation, petitioner and two others have been added as an accused for the offence of conspiracy with respect to the commission of alleged crime and Section 120B of I.PC. was also added. It is alleged in the prosecution story, a conspiracy was hatched on 06.09.2013 for kidnapping of one Bittu Rai, who was a witness in previous criminal case with purpose to coerce to retract from the statement earlier given by him before the Court. On the basis of













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