Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17591-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1322 of 2025 1 - Sonauram Sonkar S/o Late Bhukanlal Sonkar Aged About 58 Years 2 - Parwati Sonkar W/o Sonauram Sonkar Aged About 54 Years 3 - Chanchal Sonkar D/o Sonauram Sonkar Aged About 28 Years All R/o- Shivnagar Mathpuraina, P.S.- Tikrapara, District- Raipur (C.G.), At Present- Beside Rishabh Garment Shop, Patewa, P.S.- Patewa, District- Mahasamund (C.G.)
... Petitioners versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station- Janjgir, District- Janjgir-Champa, Chhattisgarh 2 - Smt. Deepmala Sonkar W/o Dayanand Sonkar Aged About 26 Years At Present- R/o- E-81, CSEB Colony, Madwa, P.S.- Janjgir, District- Janjgir-Champa, C.G., Permanent R/o- Baijnath Para, Ward No. 38, P.S.- City Kotwali, Durg, District- Durg, C.G.
... Respondents For Petitioner : Mr. Pushkar Sinha, Advocate. For Respondent No.1/State : Mr. Hari Om Rai, Panel Lawyer. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Arvind Kumar Verma
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.04.19 15:34:39 +0530
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1. Proceedings of this matter have been taken through video conferencing. 2. Heard Mr. Pushkar Sinha, learned counsel for the petitioner. Also heard Mr. Hari Om Rai, learned Panel Lawyer, appearing for respondents No. 1/State. 3. The present petition has been filed by the petitioners with the following prayers:
“It is therefore, most respectfully prayed that this Hon’ble Court in exercise of its inherent powers under Section 528 of B.N.S.S. may kindly be pleased to allow this petition and quash the entire criminal proceeding of Criminal Case No. 1126/2024, pending before the Judicial Magistrate First Class, Janjgir, initiated under the Crime No.170/2024 registered at Police Station Janjgir, Distt. Janjgir-Champa dated 05.03.2024 and the Charge Sheet (Final Report) bearing No.298/2024 dated 13.07.2024 and also against the charges framed against the petitioners vide order dated 12.11.2024 in Criminal Case No.1126/2024 by the learned Judicial Magistrate First Class, Janjgir, District-Janjgir-Champa whereby the charges U/s 498-A, 34 of I.P.C. has been framed against the petitioners, in the interest of justice. Any other order that may be deemed fit and just on the fact and circumstances of the case may also kindly be passed in the interest of justice.”
4.
On perusal of the present petition, it transpires that the present petition is drafted with the prayer which is defective one, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer as in the present petition the husband has not been made a party, to which learned counsel for the petitioners seeks
3 permission of this Court to withdraw the present petition with a liberty to file afresh petition by making the husband as a party. 5. Learned State counsel has no objection. 6. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioner in the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur. 7. Certified copy of the FIR, charge-sheet and other documents may be returned back to the petitioner after retaining a photocopy of the same. SD/- SD/- Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice ashu