Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13573-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1276 of 2023 1 - Siddharth Sharma S/o Ramkrishna Sharma Aged About 35 Years R/o Flat No. 53, Vivekanand Nagar, Kohka, Bhilai, Tahsil And District- Durg, Chhattisgarh 2 - Ramkrishna Sharma S/o Late Ganga Prasad Sharma Aged About 67 Years R/o Flat No. 53, Vivekanand Nagar, Kohka, Bhilai, Tahsil And District- Durg, Chhattisgarh 3 - Maya Sharma W/o Ramkrishna Sharma Aged About 64 Years R/o Flat No. 53, Vivekanand Nagar, Kohka, Bhilai, Tahsil And District- Durg, Chhattisgarh 4 - Pragya Sharma W/o Sanat Sharma Aged About 45 Years R/o Qtr. No. 9/b, Street 23, Nandini Mines, District- Durg, Chhattisgarh- 490036
... Petitioner(s) versus 1 - The State of Chhattisgarh, Through Police Station House Officer, Police Station Rajim, District- Gariyaband, Chhattisgarh 2 - Smt. Kshama Sharma D/o Suresh Sharma Aged About 31 Years Pharmacist (Rajim), Amapara, Rajim, District- Gariyaband, Chhattisgar
... Respondent(s) ----------------------------------------------------------------------------------------------- For Petitioners : Mr. Hemant Kumar Agrawal, Advocate For Respondent No.1 /State : Mr. Hariom Rai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble
Mr. Ramesh Sinha, Chief Justice
Hon'ble
Mr.
Ravindra Kumar Agrawal
, Judge
Order on Board Per Ramesh Sinha, Chief Justice 21.03.2025
1. Heard Mr. Hemant Kumar Agrawal, learned counsel for the ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.03.22 10:54:58 +0530
2 petitioners 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 petitioners under Section 482 of the Code of Criminal Procedure with the following prayer :-
“1. It is respectfully prayed that the entire records and case diary of the FIR No. 419/2022, u/s 498(A), 34 of the IPC, about the petitioners may be kindly called from the Respondent No. 1, the State of Chhattisgarh, through Police Station Rajim District Gariyaband (C.G.).
2. It is respectfully prayed that the entire proceedings of Crime No. 419/2022 of the Police Station Rajim District Gariyaband (C.G.), and the initiation of criminal proceedings by the registration of FIR No. 419/2022, u/s 498(A), 34 of the IPC, may kindly be quashed, because it is bad, illegal, and untenable in the eyes of law, and the petitioners may clear themselves of the allegations and charges.
3. It is respectfully prayed that this Hon'ble Court may further be pleased to pass such an order as it deems fit and may also be granted in favor of the petitioners, in the interest of justice.”
3. It has been pointed out by learned State counsel that in the present petition the petitioners had challenged the impugned FIR, but in the instant case, charge-sheet has already been submitted on 19.03.2024 and charges have also been framed against the petitioners on 12.09.2024.
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4.
Learned counsel for the petitioners submits that he wants to withdraw the instant petition with liberty to file a fresh petition challenging the charge-sheet as well as the order framing charge.
5. In view of the above submission, the instant petition is dismissed as withdrawn with liberty as prayed for. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra