Chattisgarh High Court
Swapnil Mittal vs State Of Chhattisgarh on 19 September, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRMP No. 1541 of 2022
1. Swapnil Mittal S/o Suresh Mittal Aged About 36 Years Partner Of M/s S M Shop
R/o D6 Sector- 2, Agroha Society Behind Rewa Showroom, Raipura, Raipur,
District : Raipur, Chhattisgarh
2. Garima Sharma W/o Swapnil Mittal, Aged About 36 Years Partner Of M/s S M
Shop R/o D6 Sector-2, Agroha Society Behind Rewa Showroom, Raipura, Raipur,
District : Raipur, Chhattisgarh
3. Suresh Mittal S/o Prahalad Mittal Aged About 64 Years Partner Of M/s S M Shop
R/o D6 Sector 2, Agroha Society Behind Rewa Showroom, Raipura, Raipur, District
: Raipur, Chhattisgarh
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Station House Officer, Police Station Azad
Chowk, Raipur, Chhattisgarh
2. Nutan Ispat, Through Its Director Mr. Saurabh Tola, R/o 401 Lakjora Apartment
Mova P.S. Pandry City Raipur, District : Raipur, Chhattisgarh
---- Respondens
19.9.2022 Shri Rajeev Shrivastava, Sr. Advocate with Shri Akhand
Pratap Pandey, counsel for the petitioners.
Smt. Madhunisha Singh, Dy. Advocate General for the State/
respondent No.1.
Shri Harshwardhan Parganiha, counsel for respondent No.2.
Heard on IA No.02/2022, application for taking subsequent events on record.
On due consideration, the documents annexed with the application are taken on record.
Learned counsel for the petitioners submit that petitioners 1 and 3 have been allegedly arrested from Dehradun, Uttarakhand, where the police authorities have organised press conference and also published handcuffing photos of petitioner No.1. It is further submitted that despite the dictum given by Hon'ble Apex Court in the matter of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, the petitioner has been handcuffed by the police, thereby the authorities have violated the fundamental and human rights of the petitioner.
Learned counsel for respondent No.2 would submit that the petitioners' firm has purchased iron bars from various traders, but they have not paid the amount against said purchase, whereas, they sold those iron bars to 3rd party. It is further submitted that in this regard 07 FIRs have been registered against the petitioners' firm, i.e. 06 in the State of Chhattisgarh and one in the State of Orissa.
In rebuttal, learned counsel for the petitioners would submit that the dispute pertains to civil nature, despite that petitioner No.1- Swapnil Mittal and his father respondent No.3 Suresh Mittal have been arrested by the police.
Learned counsel for the respondents are directed to file reply to the petition as well as to IA No.01/2022, application for interim relief, within two weeks.
In the meanwhile, considering the facts of the case, it is directed that no coercive steps shall be taken against respondent No.2/Garima Sharma, till the next date of hearing.
List this case after two weeks.
Certified copy, as per rules.
Sd/-
(N.K. Chandravanshi) Judge Bini