Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23272-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1797 of 2025 1 Smt. Prem Bai Khunte W/o Grahan Kumar Khunte Aged About 57 Years Resident Of Sonbarsa Ward No. 06, Bhandari Para, Sonbarsa, Post Office Dongri, P.S. Baloda District Janjgir- Champa, Chhattisgarh
... Petitioner(s) versus 1 State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhawan, New Mantralaya Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 2 Superintendent Of Police, Korba District Korba (C.G.) 3 Station House Officer Police Station Urga, District Korba, Chhattisgarh 4 Smt. Shalini Khunte W/o Rajesh Khunte Aged About 24 Years Resident Of Akhrapali, P.S. Urga, Tahsil And District Korba (C.G.)
... Respondent(s) For Petitioner : Mr. Aakash Aahuja, Advocate For Respondents/ State : Mr. Hariom Rai, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.06.13 18:08:32 +0530
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Judgment on Board Per Ramesh Sinha, Chief Justice 12/06/2025
1. Heard Mr. Aakash Aahuja, learned counsels for the petitioner. Also heard Mr. Hariom Rai, learned Government Advocate for the respondents / State.
2. The petitioner has filed this petition praying for following relief:-
“1. That, Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioner, in the interest of justice.
2. That, Hon'ble Court may kindly be pleased to quash the FIR bearing No. 230/2024 registered on dated 17.06.2024 at police station Urga, District Korba Chhattisgarh filed under section 498-A, 34 of the I.P.C. in the interest of justice.
3. That, Hon'ble Court may kindly be pleased to quash entire charge sheet dated 23.12.2024 before learned Judicial Magistrate First Class Korba District Korba Chhattisgarh under section 498-A, 34 of the I.P.C. in respect of case of the petitioner in the interest of justice.
4. That, Hon'ble Court may kindly be pleased to quash the impugned criminal proceeding as Criminal Case No. 5861/2024 before the learned Judicial Magistrate First Class Korba District Korba Chhattisgarh in respect of case of the petitioner, in the interest of justice.
5. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.”
3. From perusal of the relief prayed for in the present petition, it
3 transpires that the same is a defective one as the counsel for the petitioners has not mentioned the particulars with respect to the
order taking cognizance and he has only drafted a vague and sketchy prayer.
4. In view of the same, learned counsel for the petitioners prays to withdraw the present petition, with liberty to file afresh with appropriate prayer and pleadings.
5. Accordingly, this petition is dismissed as withdrawn, with liberty to file petition afresh with appropriate prayer and pleadings, subject to depositing a sum of Rs.2,000/- as cost by the petitioners in the Registry of this Court and the same shall be transmitted to the Government Multi-Disabled Home, Village Pendri, District- Janjgir-Champa (C.G.).
6. Learned State counsel is present.
7. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same, subject to deposit of the fine amount. Sd/- Sd/- Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar