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2025 DAILYLAW 49506 (CHH)

DEVENDRA KUMAR MARKANDAY v. STATE OF CHHATTISGARH

WPS/12935/2025 · 2025-11-13

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:55665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12935 of 2025 1 - Devendra Kumar Markanday S/o Bhagat Ram Markanday Aged About 47 Years Posted As Constable No. 1416 At Police Line, Durg, District - Durg Chhattisgarh R/o Mohan Nagar, Durg, District - Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 2 - Director General Of Police Police Head Quarters, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 3 - Inspector General Of Police Range - Durg, District - Durg Chhattisgarh 4 - Superintendent Of Police Durg, District - Durg Chhattisgarh ... Respondents For Petitioner : Mr. Girish Pandey & Ms. Divya Sahu, Advocate. For State : Mr. Anmol Sharma, Panel Lawyer. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 14/11 /2025 1. The petitioner who was working as Constable in the police departmental has filed this petition assailing order dated 19.12.2018 issued by respondent No. 4/Superintendent of Police, Durg by which services of the petitioner have been terminated who has been convicted for commission of offence under Sections 498A & 302 of IPC. 2. From perusal of record, it is quite vivid that the petitioner has preferred appeal before this Court bearing CRA No. 1856/2018 and Hon’ble Division Bench of this Court vide order dated 03.09.2024 has affirmed conviction of the petitioner but converted offence of Section 302 into Section 304 (Part-I) along with Section 498A IPC and has released the ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.11.17 11:29:12 +0530 2 petitioner after completion of eight years of jail sentence by granting him benefit of remission of two years. 3. Since the petitioner has already been convicted as aforestated and the petitioner was member of disciplined police force where the discipline is paramount consideration, therefore, the impugned order dated 19.12.2018 has rightly been passed by respondent No. 4 terminating services of the petitioner which does warrant any interference by this Court. 4. Accordingly, the instant petition sans merit is liable to be and is hereby dismissed. No order as to cost. Sd/- (Narendra Kumar Vyas) Judge Arun