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2025 DAILYLAW 17831 (CHH)

TULSI RAM SAHU v. STATE OF CHHATTISGARH

CRMP/1320/2025 · 2025-06-11

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:23252-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1320 of 2025 Tulsi Ram Sahu S/o Lochan Ram Sahu Aged About 48 Years R/o Ward No. 52 Bamleshwari Colony, Durg, Tehsil And District Durg, (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station- Somni, District- Rajnandgaon (C.G.) 2 - Poornima Sinha W/o Late Somen Sinha Aged About 67 Years R/o Do Tara Shankar Saarni, District- Kolkata, West-Bengal ... Respondent(s) ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Shrestha Gupta, Advocate For Respondent No.1 /State : Mr. Hariom Rai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 12.06.2025 1. Heard Mr. Shrestha Gupta, learned counsel for the petitioner as well as Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with the following prayers :- ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 “It is therefore most respectfully prayed that this Hon'ble Court may kindly be allow this petition and set aside/quash the FIR no. 250/2022 dated 22.09.2022 along with the chargesheeet with final report no. 293/22 (Annexure-P/1) which is pending before the Judicial Magistrate First Class Rajnandgaon (C.G.) in the interest of justice.” 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offences has been taken by the competent Court and the petitioner has only prayed for quashing of the FIR as well as the final charge-sheet, but, the petitioner has only prayed for quashing of the FIR as well as the final charge-sheet without mentioning the particulars of the offences under which the FIR has been registered and without challenging the order taking cognizance, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one. 4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.2,000/- as cost by the petitioner in the Registry of this Court within a period of one week from today and the same shall be transmitted to the Government Special School for Intellectual Retardation, G.E. Road, District – Rajnandgaon (C.G.). 3 5. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioner after retaining the photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra