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2023 Supreme(Chh) 349

RAKESH MOHAN PANDEY
R. P. Diwan S/o Late Ram Singh Diwan – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sumesh Bajaj, Rishabh Bajaj.
For the Respondents: Akanksha Jain, Arvind Shrivastav, Anumesh Shrivastav.

ORDER :

1. In all these petitions, a common question of law and fact is involved; therefore, they are clubbed together, heard together and decided finally by this common order.

2. The petitioners have challenged the orders passed by the learned Chief Judicial Magistrate, Balodabazar, in Criminal Complaint Cases filed under Section 156(3) of the Cr.P.C. whereby a direction has been issued to the concerned Police Station to register FIR and submit the final report.

3. Facts of the cases (CRMP No. 808 of 2015 and CRMP No. 993 of 2016) are as follows:

    (i) Sudhir Agrawal (petitioner in CRMP No. 808 of 2015) is the owner of land situated on the main road Pangaon Sonadi Marg and the other side of the road, respondent No. 1 and his family members own a plot.

(ii) Petitioner No. 2 and 3 in CRMP No. 808 of 2015 are staff of petitioner No. 1 Sudhir Agrawal.

(iii) At the relevant time, construction of a petrol pump on Pangaon Sonadi Marg was under process. On 25.06.2014, respondent No. 1 visited the site and started creating problems and thereafter the petitioner lodged an FIR against the respondent party and consequently, the police registered offence under Sections 147, 148, 149, 341, 294, 506 II

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