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2025 DAILYLAW 24263 (CHH)

RAJENDRA JAIN v. STATE OF CHHATTISGARH

CRMP/1303/2018 · 2025-03-27

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:14773 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1303 of 2018 1 - Rajendra Jain S/o S/o Late B. R. Jain, Aged About 51 Years, R/o H. N. 14, Vidha Vatika, Nagar Nigam Colony, Agrasen Chowk P.S. Azad Chowk, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Superintendent of Police, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Smt. Sapna Jain W/o Shri Manoj Jain, Aged About 40 Years, Partner- M/s. Balaji Buildcon, R/o Flat No. B-301, Tirupati Apartments, Pachpedi Naka, P.S. Tikrapara, Tahsil and District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Smt. Jaspal Kaur Gill, W/o Late Balwinder Singh Gill, Aged About 56 Years, Partner- M/s. Balaji Buildcon, R/o H.N. D- 8 and 9, Agroha Society, Raipura, P.S. D.D. Nagar, Tahsil and District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Harprit Kaur Gill, W/o Shri Anupraj, Aged About 27 Years, D/o Late Balwinder Singh Gill, Partner- M/s. Balaji Buildcon, R/o H.N. D-8 and 9, Agroha Society, Raipura, P.S. D.D. Nagar, Tahsil and District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. N. Naha Roy, Advocate. For State : Mr. Shaleen Singh Baghel, Deputy Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice Digitally signed by MOHAMMAD AADIL KHAN 2 27-03-2025 1. The present petition has been filed with the following prayer:- “It is therefore prayed, that this Hon’ble Court may kindly be pleased to exercise its jurisdiction under section 482 of the Code of Criminal Procedure, 1973 and set aside the order dated 16.05.2018 passed by the learned Judicial Magistrate of First Class, Raipur (CG) (Annexure P/1) whereby the application preferred by the petitioner under section 156(3) of the Code of Criminal Procedure, 1973 has been rejected in a most arbitrary and illegal manner and further be pleased to direct the learned Judicial Magistrate of First Class, Rairpur (CG) to proceed in accordance with law as mandated in section 159 of the Code of Criminal Procedure, 1973 in view of having sufficient prima facie material found out in police investigation report against the respondents on an investigation made in pursuance of the petitioner’s application under section 156(3) of the Code.” 2. Learned counsel for the petitioner submits that he has no instruction from the petitioner and the petitioner is not responding. 3. It transpires from the record that the matter pertains to the year 2018 and till date no interim order has been passed and from the submission made by learned counsel for the petitioner it appears that the petitioner has lost interest in pursuing the matter due to efflux of time. 3 4. Accordingly, the present petition is dismissed on this ground alone. 5. Copy of this order be sent to the trial Court concerned for necessary information and follow up action, if any. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil