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2025 DAILYLAW 18300 (CHH)

SMT. RASHI SHARMA v. STATE OF CHHATTISGARH

CRMP/1362/2025 · 2025-04-23

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:18261-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1362 of 2025 Smt. Rashi Sharma W/o Ankit Sharma Aged About 32 Years D/o Rajesh Kumar Tiwari, R/o Mahima Nagar, Behind Yadunandan Dairy, Sirgitti, Bilaspur, Tahsil And District Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- S.H.O.- P.S. New Rajendra Nagar, District- Raipur (C.G.) 2 - Ankit Sharma S/o R.D. Sharma Aged About 38 Years House No. 9, Adinath Vatika, Amlideeh, Raipur, P.S. - New Rajendra Nagar, Tahsil And District- Raipur (C.G.) (First Informant/ Husband) ... Respondents For Petitioner : Mr.Hemant Gupta, Advocate For Respondent No.1/State : Mr.Shashank Thakur, Deputy Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice 23.04.2025 1. Proceedings of this matter have been taken through video conferencing. BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.04.24 15:53:47 +0530 2 2. Heard Mr. Hemant Gupta, learned counsel for the petitioner as well as Mr.Shashank Thakur, learned Deputy Advocate General appearing for respondent No.1/State. 3. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “1. That this Hon’ble Court may kindly be allow the instant Cr.M.P. petition & set aside order dated 24.07.2024 in its entirety and resultantly the Hon’ble Court may also quash the Charge-sheet produced under the Crime No.316/2024 registered at P.S. - New Rajendra Nagar, Raipur, District Raipur, in Criminal Case No.800/2025, in the interest of justice. 2. That the adequate Cost of litigation be also be awarded to the petitioner, for indulging her in malicious, unrealistic, prosecution by the complainant / respondent No.2 in the instant case. 3. That the cost for harassment would also be granted to the petitioner.” 4. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioner has prayed for quashing of the order dated 24.07.2024 by which the complaint filed by respondent No.2 has been allowed by the Judicial Magistrate First Class, Raipur and also prayed for quashment of the charge-sheet produced under Crime No.316/2024 without mentioning the 3 particulars of the offences under which it has been registered, 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. 5. 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 Disabled College, Mana Camp, Raipur (C.G.). 6. 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/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Bablu