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2023 Supreme(Chh) 47

SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Parshant Vashishta, S/o. Shri Banarsi Das Vashishta – Appellant
Versus
State of Chhattisgarh, through the Secretary, Department of Home, Raipur (C. G. ) – Respondent


Advocates Appeared:
For the Petitioners:Mr. Rajeev Shrivastava, Senior Advocate with Mr. Sourabh Sahu.
For the Respondents:Ms. Ruchi Nagar, Deputy Government Advocate, Mr. T.K. Jha.

ORDER :

Sanjay K. Agrawal, J.

1. The short point involved in the instant writ petition is, whether the learned Additional Sessions Judge (FTC), Durg, is justified in invoking power and jurisdiction under Section 156(3) of the CrPC in directing registration of first information report (FIR) and consequent investigation against the petitioners and to submit final report / closure report after finding compliance with the provisions contained in sub-sections (1) & (3) of Section 154 of the CrPC?

2. The aforesaid question arises in the following backdrop: -

3. Petitioner No.1 is the Principal of Delhi Public School, Risali Sector, Bhilai, whereas, other petitioners are Teachers / Lab Assistant working in the said school. It is the case of the petitioners that a complaint was received from the students of the school against the father of respondent No.3 namely Dr. Ramesh Prasad Dwivedi, Teacher (presently suspended) working in the school, alleging award of corporal punishment to the students whom he detained. On receipt of the said complaint, the matter was enquired by a committee and after due enquiry, though preliminary, the fact of award of corporal punishment was found proved and ultimat

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