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2025 DAILYLAW 20354 (CHH)

PRABHUDAYAL DHRUV v. STATE OF CHHATTISGARH

CRMP/1493/2025 · 2025-05-05

Shri Arvind Kumar Verma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:20355-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1493 of 2025 Prabhudayal Dhruv S/o Buddhu Singh Dhruv Aged About 44 Years R/o Village Newasa, Thana Junapara, Takhatpur, District Bilaspur Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Lalpur District Mungeli Chhattisgarh. 2 - Hemdas Dahariya S/o Late Shri Falit Ram Dahariya Aged About 53 Years Occupation Area Coordinator Eklavya Adarsh Avasiya Bandhwa Lalpur (Presently Posted At Government Higher Secondary School Pardeshi Kaapa Block Lormi, District Mungeli Chhattisgarh. ... Respondents For Petitioner : Mr.Awadh Tripathi, Advocate For Respondent No.1/State : Mr.Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice 5.5.2025 1. Heard Mr.Awadh Tripathi, learned counsel for the petitioner as BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.05.05 17:56:52 +0530 2 well as Mr.Shailendra Sharma, learned Panel Lawyer appearing for respondent No.1/State. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “It is therefore prayed that this application may kindly be allowed and further proceedings with respect to the Cognizance Taken By The Learned Magistrate First Class Lormi District Mungeli (C.G.) In Criminal Case No.738/2024 As Well As The Further Proceedings of Criminal Case No.738/2024 For An Offence u/s 409 & 420 of IPC Pending Before The Court of Learned Judicial Magistrate First Class Lormi District Mungeli (C.G.)” 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioner has prayed for quashment of further proceedings with respect to the cognizance taken by learned Judicial Magistrate First Class, Lormi without mentioning the particulars of the offences and without mentioning the date on which JMFC, Lormi has taken 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. 4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to 3 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 School for Visual and Hearing Impaired, Tifra, District - Bilaspur (C.G.). 5. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioners after retaining the photocopies of the same. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Bablu