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2025 DAILYLAW 21135 (CHH)

VINOD TIRKEY v. STATE OF CHHATTISGARH

CRMP/1637/2025 · 2025-06-09

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:22798-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1637 of 2025 Vinod Tirkey S/o Cristofer Tirkey Aged About 24 Years R/o Village- Sikri Chowk, Manora, Jashpur, District- Jashpur, Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through Police Station- Baikunthpur, District- Koriya, Chhattisgarh 2. Neelu Minj D/o Shri Sagar Lal Aged About 24 Years R/o Village- Maharajpur, School Para, Police Station Podi, District- Manendragarh-Chirmiri-Baikunthpur, Chhattisgarh ...Respondent(s) For Petitioner : Mr. Ravi Kumar Bhagat, Advocate. For Respondent/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 10 .06.2025 1. Heard Mr. Ravi Kumar Bhagat, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.06.10 17:06:26 +0530 2 2. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to allow this petition and kindly be pleased to pleased to quash the ‘order of taking cognizance dated 04.03.2025’ (Annexure P/1) by the learned Chief Judicial Magistrate – Baikunthpur, District Koriya, in Case No. 903 of 2025 (between State C.G. vs. Vinod Tirkey); and also to quash the FIR, registered at Crime No. 11/2025 (Annexure P/3) with Police Station – Baikunthpur, District Koriya, Chhattisgarh registered for offence committed under Section 376(2)(n) of IPC; and also to quash the charge- sheet dated 06.03.2025 (Annexure P/2) by Police – Baikunthpur, vide No. 39 of 2025 before learned CJM- Baikunthpur, and also, for further to pass any other order as per facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner has filed the MCRCA No. 335 of 2025 before this Court and this Court vide order dated 07.03.2025 granted anticipatory bail to the petitioner. He further submits that there is a chance of compromise between the parties. 4. On a pointed query being made to the learned counsel for the petitioner as to whether any compromise has been executed between the parties, he states that no compromise has been executed till date between the parties and he seeks permission of this Court to withdraw the 3 present petitioner with liberty to approach this Court, if any further cause of action arise. 5. Learned State counsel has no objection. 6. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan