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2025 DAILYLAW 14100 (CHH)

MITHARA PATRO v. STATE OF CHHATTISGARH

CRMP/1094/2025 · 2025-03-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:14429-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1094 of 2025 1 - Mithara Patro W/o Late Jagnnath Patro Aged About 57 Years R/o Qr. No. 14 A And B Street No. 02, Sector- 08 Bhilai Nagar P.S. Kotwali Sector 06. Bhilai Tahsil And District - Durg (C.G.) (Accused On Bail) 2 - Yugal Kishore Patro S/o Late Jagnnath Patro Aged About 30 Years R/o Qr. No. 14 A And B Street No. 02, Sector- 08 Bhilai Nagar P.S. Kotwali Sector 06. Bhilai Tahsil And District - Durg (C.G.) (Applicant 01 And 02 Address Correctly Mentions ) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through S.H.O. / Mahila Thana Incharge Police Station Mahila Thana Raipur District - Raipur (C.G.) 2 - Hina Patro W/o Yugal Kishore Patro Aged About 21 Years R/o R.B.H. Colony Chhota Para Raipur Dsitrict And Tahsil Raipur (C.G.) (Complainant) ... Respondent(s) For Petitioner(s) : Mr. Sandeep Jha and Ms. Gunjan Tiwari, Advocates For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board 2 Per Ramesh Sinha, Chief Justice 26.03.2025 1. Heard Mr. Sandeep Jha and Ms. Gunjan Tiwari, learned counsel for the petitioners. Also heard Mr. Hariom Rai, learned Panel Lawyer for the respondent No.1 / State. 2. The petitioner has filed this petition praying for following relief:- “It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this petition and quash the impugned first information report (0008/2022), charge sheet no. 03/22, cognizance order passed by learned JMFC, Raipur on dated 03.03.2022 and entire criminal proceedings initiated against the petitioner pursuant to impugned first information Feport dated 07.01.2022 for the offence punishable under section 498 (A), 34 and 406 of Indian Penal Code registered at P.S. Mahila A Thana, Raipur in the interest of justice.” 3. On a pointed query being made to the learned counsel for the petitioners as to what is the status of proceedings and why he has not enclosed the copy of complete order-sheet of the trial Court, he could not give any satisfactory answer to the same. 4. In view of the same, learned counsel for the petitioners prays to withdraw the present petition with liberty to file afresh annexing the complete order-sheet of the trial Court showing the status of the proceedings of the present case. 5. Accordingly, this petition is dismissed as withdrawn, with liberty to file petition afresh with complete order-sheet of the case, subject to depositing a sum of Rs.2,000/- as cost by the 3 petitioners in the Registry of this Court within a period of one week from today, and the same shall be transmitted to the Government Home for Mentally Underdeveloped Children, Mana Camp, District- Raipur (C.G.). 6. Learned Panel Lawyer appearing for respondent No.1 / State is present. 7. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same, subject to deposit of the fine amount. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet