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2025 DAILYLAW 24288 (CHH)

ALOK KUMAR MAHAPATRA v. STATE OF CHHATTISGARH

CRMP/1461/2019 · 2025-09-02

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:44916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1461 of 2019 Alok Kumar Mahapatra S/o Shriram Krishna Mahapatra, Aged About 34 Years R/o Village And Post Jharigumma, Police Statioin Tentulikhunti, District Navrangapur ( Odisha ) Office Address - Indo Tibbat Border, Police Force 40th Battalion Medical Branch, Yashsvinagar, Camp Ranchi ( Jharkhand ) - 834006, At Present Address T. H. Q. Dongargarh, Anti Naxal Movement ( A N O ) Camp Police Thana Magargatta Parisar, District Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Moudahapara, Civil And Revenue District Raipur, Chhattisgarh. ... Respondent(s) For Petitioner : None. For Respondent/State : Mr. Soumya 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 03.09.2025 1. No one has appeared, nor has any representation been made, on behalf of the petitioner to press the present petition. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.03 18:00:16 +0530 2 2. Mr. Soumya Rai, learned Panel Lawyer, appears on behalf of the State and is present before the Court. 3. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow this application and to quash the First Information Report (Annexure A/1) and entire criminal proceeding registered at Police Station Moudahapara, Raipur, District Raipur Chhattisgarh in Crime No. 29 of 2019 under Sections 376, 376(घ) of the Indian Penal Code and Section 3(2) of the SC/ST (Prevention of Atrocities) Act against the petitioner arising out of unregistered case no. pending before the learned Judicial Magistrate First Class Raipur, in the interest of justice.” 4. Learned State counsel submits that the petitioner has already been acquitted by the learned trial Court vide judgment dated 22.02.2023, and therefore, the present petition has become infructuous. 5. In view of the submission made by the learned State counsel, the present petition is dismissed as infructuous. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan