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2026 DAILYLAW 19366 (CHH)

CHANDRAMANI KARSH v. STATE OF CHHATTISGARH

MCC/495/2026 · 2026-05-14

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:23128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 495 of 2026 Chandramani Karsh S/o Shri Dev Narayan Karsh Aged About 26 Years (Constable No. 663) R/o Ward No. 20 Ram Sagar Para Mudpar Tahsil Janjgir District Janjgir Champa Chhattisgarh At Present R/o Village Bhadra Para Balco PS Balco District Korba (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Principal Secretary Department Of Home (Police) Mahanadi Bhawan, Mantralaya Atal Nagar New Raipur District Raipur (C.G.) 2 - The Director General Of Police Headquarters Block No. 4 Sector- 19, Near Indrawati Bhawan, Atal Nagar, New Raipur Atal Nagar New Raipur District Raipur (C.G.) 3 - The Inspector General Of Police Bilaspur Range District Bilaspur Chhattisgarh (C.G.) 4 - The Superintendent Of Police Korba, District Korba (C.G.) 5 - The SHO Deepika PS Deepika District Korba (C.G.) ... Non-Applicants (Cause-title taken from Case Information System) For Applicant : Mr. Vijay Shankar Mishra, Advocate For State/Non-applicants : Mr. Shobhit Mishra, Dy. Govt. Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.05.15 18:19:48 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 15.05.2026 1. I.A. No.01/2026 has been filed seeking exemption from filing certified copy of the impugned order dated 19.12.2025. 2. Considering the grounds mentioned in the application, the same is allowed. 3. The present MCC has been filed seeking modification of the order dated 19.12.2025 passed by this Court in WPS No.4720 of 2023, as also for extension of time to file representation before the competent authority. 4. Learned counsel for the applicant submits that the order in question was passed on 19.12.2025, i.e., on the last working day prior to commencement of winter vacation, and the same could not be uploaded on the official website of this Court within time due to intervening holidays and court closure. It is submitted that by the time the order was uploaded and came to the knowledge of the applicant, the period of 15 days granted by this Court for filing fresh representation had already expired. He further submits that though liberty was granted to the applicant to submit representation before the competent authority, the order does not specifically indicate the authority before whom such representation is to be preferred, which has caused difficulty to the applicant in availing the liberty so granted. Hence, prayer has 3 been made for modification/clarification of the order and extension of time for filing representation. 5. Learned State counsel submits that he has no objection to the prayer made in the present MCC. 6. Having considered the submissions advanced by learned counsel for the parties and upon perusal of the averments made in the present MCC, this Court finds that the order in WPS No.4720 of 2023 was passed on 19.12.2025, i.e., immediately prior to commencement of winter vacation, and according to the applicant, the said order could not be uploaded on the official website of this Court within the stipulated period on account of court holidays. Consequently, by the time the order came to the knowledge of the applicant, the period of 15 days granted by this Court for submission of fresh representation had already expired. 7. This Court also finds substance in the submission of learned counsel for the applicant that though liberty was granted to submit a fresh representation before the competent authority, the authority before whom such representation was required to be submitted was not specifically indicated in the order, particularly in view of the fact that the applicant had already availed the remedies of departmental appeal as well as mercy appeal before the higher authorities. 8. In view of the aforesaid facts and circumstances of the case, and also considering the fact that learned State counsel has no 4 objection to the prayer made in the present MCC, this Court deems it appropriate to allow the MCC. 9. Accordingly, MCC is allowed. The applicant is directed to file fresh representation within a period of 7 days from the date of receipt of certified copy of this order. 10. There shall be no order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh