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2025 DAILYLAW 11168 (CHH)

JAGARNATH @ JAGANNATH PRASAD JAISWAL v. STATE OF CHHATTISGARH

CRMP/496/2022 · 2025-05-02

Shri Arvind Kumar Verma

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Judgment text

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1 / 3 2025:CGHC:20175-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 496 of 2022 1 - Jagarnath @ Jagannath Prasad Jaiswal S/o Late Ramsunder Jaiswal Aged About 70 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. 2 - Ramji Jaiswal S/o Jagarnath @ Jagannath Prasad Jaiswal Aged About 35 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. 3 - Ajay Jaiswal S/o Jagarnath @ Jagannath Prasad Jaiswal Aged About 38 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. 4 - Dinesh Jaiswal S/o Jagarnath @ Jagannath Prasad Jaiswal Aged About 40 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. 5 - Ambika Prasad Jaiswal W/o Vishwanath Jaiswal Aged About 65 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. 6 - Aditya Narayan @ Pintu S/o Vishwanath Jaiswal Aged About 28 Years R/o Village Funga, Police Station Khadgawan, District Koriya, Chhattisgarh. 7 - Deepak Kumar Jaiswal S/o Dinesh Jaiswal Aged About 27 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. 8 - Pradeep Jaiswal S/o Dinesh Jaiswal Aged About 19 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. 9 - Gayatri Jaiswal W/o Dinesh Jaiswal Aged About 45 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.05.05 13:06:10 +0530 2 / 3 10 - Saroj Jaiswal W/o Ramji Aged About 38 Years R/o Village Funga, Police Station Khadgawan, District Koriya Chhattisgarh. ... Petitioners versus 1 - State of Chhattisgarh Through Police Station Khadgawan, District Koriya Chhattisgarh. 2 - Ramavatar Yadav S/o Shiv Prasad Aged About 37 Years R/o Village Sarastal, Police Station Khadgawan, District Koriya Chhattisgarh. ... Respondents For Petitioners : Mr. Amarnath Pandey, Advocate For Respondent No.1/State : Mr. Shailendra Sharma, Panel Lawyer For Respondent No.2 : Mr. Ashok Kumar Shukla, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge Order on Board Per, Ramesh Sinha, C.J. 02/05/2025 1. Heard Mr. Amarnath Pandey, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the State/Respondent No.1 and Mr. Ashok Kumar Shukla, Advocate for Respondent No.2. 2. The instant CRMP has been filed with the following relief:- “(1) Quash the FIR impugned FIR being crime 140/2020 registered at Police Station – Khadgawan, dated 12.06.2020 u/s 294, 506, 323, 147, 148, 307 of IPC. (2) Pass any other order in view of the special facts and circumstances mentioned in the present petition, in the interest of justice.” 3. At the very outset, learned counsel for the petitioners would submit 3 / 3 that there are cross reports in the incident and both the parties have received injuries and the trial is in progress and out of 16 prosecution witnesses, 08 have been examined. He would next submit that since the reports from both the sides have been filed and the FIR lodged by the private respondent is pending before another Court, therefore, he has moved an application for club the said case with the present case, however, the said application is pending before the Magistrate concerned. 4. In view of the submission made by learned counsel for the petitioners, we do not find any good ground for quashing of the FIR bearing No.140/2020, registered at police station Khadgawan dated 12.06.2020 for commission of offences punishable under Sections 294, 506, 323, 147, 148, 307 of IPC, as the trial is in progress and the concerned Magistrate is directed to pass appropriate orders in the application filed by the petitioners for club both the matters, within a period of two weeks from the date of production of certified copy of this order. 5. With the aforesaid observation, the instant CRMP stands disposed of. SD/- SD/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice ashu