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2021 Supreme(Chh) 347

PRASHANT KUMAR MISHRA, RAJANI DUBEY
Manab Paul S/o Late Satyendra Nath Paul – Appellant
Versus
State Of Chhattisgarh Through Its Secretary, Ministry of Home – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.P. Sharma, Advocate
For the Respondent: Mr. Chandresh Shrivastava, Dy.AG

ORDER :

Prashant Kumar Mishra, J.

1. This intra Court appeal would call in question the impugned interim order passed by the learned Single Judge refusing to grant interim relief to the appellants (henceforth 'the petitioners') in a writ petition wherein prayer has been made for quashing of FIR No.0070/2021 dated 7.4.2021 registered at Police Station Koni, Bilaspur, for offence under Section 420 r/w Section 34 of the I.P.C.

2. By preferring I.A. No.1 in the writ petition, the petitioners prayed for a direction to the respondent No.2 i.e., SHO, P.S. Koni, Bilaspur not to take any coercive action against the petitioners in respect of the subject FIR.

3. By a detailed order, the learned Single Judge has rejected the prayer for grant of interim relief.

4. Under Section 2 (1) of the C.G. High Court (Appeal to Division Bench) Act, 2006 an intra Court appeal against an interim order is not maintainable. An appeal would lie against those orders which have an element of finality attached to them (See: Ajay Gupta V. State of Chhattisgarh and Others reported in 2017 SCC OnLine Chh 111).

5. It is the trite law that normally, when the investigation is in progress and the facts are hazy and the

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