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2025 DAILYLAW 15267 (CHH)

HARISHANKAR JHAR RAI v. STATE OF CHHATTISGARH

CRMP/853/2024 · 2025-02-05

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

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1 / 3 2025:CGHC:6549-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 853 of 2024 1 - Harishankar Jhar Rai S/o Paras Ram , Aged About 62 Years R/o Basantpur Chowk, Rajnandgaon, Tahsil And District Rajnandgaon (C.G.) 2 - Abhijeet Jhar Rai S/o Harishankar Jhar Rai, Aged About 34 Years R/o Basantpur Chowk, Rajnandgaon, Tahsil And District Rajnandgaon (C.G.) 3 - Yogesh Jhar Rai S/o Harishankar Jhar Rai, Aged About 30 Years R/o Basantpur Chowk, Rajnandgaon, Tahsil And District Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Police Station- Dongargaon, District- Rajnandgaon (C.G.) 2 - Shubhash Soni S/o Shri Laxminath Soni, Caste-Sonar, R/o Sadar Line, Ward No. 05, Dongargaon, Tahsil- Dongargaon, District- Rajnandgaon (C.G.) ------(Complainant) 3 - Anjani Kumar Sharma S/o Shri Ramkripal Sharma, Caste-Bramhan, R/o Chircharikala, Tahsil - Chhuriya, District- Rajnandgaon (C.G.) --- (Complainant) ... Respondent(s) (Cause title taken from Case Information System) For Petitioners : Mr. Aditya Bhardwaj, Advocate For Respondent/State : Mr. Nitansh Kumar Jaiswal, Panel Lawyer Digitally signed by VEDPRAKASH DEWANGAN 2 / 3 For Respondents No. 2 & 3 : Mr. Anmol Sharma, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 05/02/2025 1. The present writ petition has been filed by the petitioners with the following prayers: “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this petition and quash the First Information Report, No. 0070/2024, registered at Police Station: Dongargaon, District: Rajnandgaon (C.G.), against the petitioners, in the interest of justice.” 2. Learned counsel for the petitioners submits that it is a case of civil nature and no criminal case is made out, despite that the respondent No.1 lodged the FIR against the petitioners under Sections 34, 420 and 506 of IPC giving the criminal colour to the civil nature, which is not according to law and is liable to be quashed. 3. Learned State counsel, on the other hand, has submitted that in the present case the investigation has been completed and charge sheet has been filed before the concerned Court. 4. We have heard learned counsel for the parties, perused the prayer and pleadings made in the petition. 5. Considering the submissions made by learned counsel for the parties and the fact that charge-sheet has been filed, we do not find any ground to interfere in the matter. 3 / 3 6. Accordingly, the present petition stands dismissed with liberty to the petitioners to take recourse to law. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved