Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2035
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1178 of 2018
1. Pandurang Mulik S/o Shri Tukaram Mulik Aged About 36 Years R/o- Village Sakin, Police Station Hupri, Kolhapur, District- Kolhapur, Maharastra.
2. Baban Rao Dabde S/o Shri Late Pitambar Dabde Aged About 46 Years R/o Sadar Bazar, Bhudapara, Raipur, District- Raipur, Chhattisgarh.
... Petitioners versus
1. State of Chhattisgarh Through- The Station House OfÏcer, Police Statin City Kotwali, Raipur, District- Raipur, Chhattisgarh.
2. Chandrakant Pawar S/o Sakharam Pawar R/o Sakin In Front Of Danibadi, Budhapara, Police Station City Kotwali, Raipur, District- Raipur, Chhattisgarh.
... Respondents For Petitioners
: None For Respondent No. 01/ State : Mr. Amit Verma, Panel Lawyer. For Respondent No. 02 : Mr. D.K. Gwalre, Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 13.01.2025
1. None appeared on behalf of the petitioners to press this petition when the case is called out of hearing.
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2. Heard Mr. Amit Verma, learned Panel Lawyer, appearing for the Respondent No. 01/State as well as Mr. D.KK. Gwalre, learned counsel, appearing for the Respondent No. 02.
3. The present CRMP has been filed by the petitioners with the following prayer:
“1. Call for the entire records from the Court below;
2. Set-aside/quash the Criminal Case No. 9304/2017 pending before Judicial Magistrate First Class/Final Report filed by police (Annexure A/1).
3. Grant any other relief which this Hon’ble Court may deem fit and proper”
4.
Learned counsel for the State/respondents submits that the present petition was filed on 25.05.2018 seeking for the aforesaid reliefs but after filing of the present petition, the petitioners herein had filed another petition being Cr.M.P. No. 1096/2022, parties being Baban Rao Dabade & Another v. State of Chhattisgarh & another seeking for the identical reliefs which stood dismissed vide order dated 16.10.2024, on merits. A copy of the order dated 16.10.2024 passed in Cr.M.P. No. 1096/2022 alongwith another connected matters, has been supplied by the learned counsel for the respondents.
5. Both the petitions i.e. the present petition as well as Cr.M.P. No. 1096/2022 have been filed by different counsel but the petitioners in both the petition are the same.
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6. From perusal of the order dated 16.10.2024, it appears that in CRMP No. 1096/2022, the petitioners had sought for quashing of FIR bearing Crime No. 200/2013, the charge-sheet and the consequential criminal proceedings arising out of the said crime for the offence punishable under Sections 306, 365, 392 and 34 of the Indian Penal Code. A Division Bench of this High Court has already considered and dismissed the said petition on merits and the present petition also arises out of the same crime number. Hence, this Court is of the view that the present matter be dismissed.
7. Resultantly, this petition stands dismissed. Sd/-
(Ramesh Sinha)
Chief Justice Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.14 18:11:19 +0530