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2025 DAILYLAW 24805 (CHH)

SMT. BINDIYA THAKUR v. NARENDRA KUMAR THAKUR

CRMP/1763/2025 · 2025-07-17

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 2025:CGHC:34209 HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1763 of 2025 1 - Smt. Bindiya Thakur W/o Narendra Kumar Thakur Aged About 31 Years R/o Village- Birholi, P.S.- Arri, Tehsil- Barghat, District Shivni At Present, R/o Ward No.- 19, Dongargarh, District Rajnandgaon, Chhattisgarh. ... Petitioner versus 1 - Narendra Kumar Thakur S/o Arjun Singh Thakur Aged About 33 Years R/o Village- Birholi, P.S.- Arri, Tehsil- Barghat, District Siwani, Madhya Pradesh. 2 - Chhabi Kumar Thakur S/o Arjun Singh Thakur Aged About 31 Years R/o Village- Birholi, P.S.- Arri, Tehsil- Barghat, District Siwani, Madhya Pradesh. 3 - Arjun Singh Thakur S/o Jagatraiji Thakur Aged About 62 Years R/o Village- Birholi, P.S.- Arri, Tehsil- Barghat, District Siwani, Madhya Pradesh. 4 - Smt. Mamta Thakur W/o Arjun Singh Thakur Aged About 52 Years R/o Village- Birholi, P.S.- Arri, Tehsil- Barghat, District Siwani, Madhya Pradesh. ... Respondents For the Petitioner : Mr. H.S. Ahluwalia, Advocate with Ms. Durga Mehar, Advocate. For the Respondent : (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 18.07.2025 1. By this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner-wife prays for quashing the order dated 13.02.2025 passed in Criminal Revision No. 22/2024 whereby the learned by the Additional Sessions Judge, Dongargarh, District Rajnandgaon affirmed the order dated 31.08.2024 passed by the JMFC, A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.21 17:20:38 +0530 2 Dongargarh rejecting the application under Section 156(3) of the Code Criminal Procedure. 2. Learned counsel for the petitioner prays for withdrawal of this petition with liberty to file a fresh complaint under Section 200 of CrPC corresponding to section 223 of BNSS before the CJM, Dongargarh seeking a further direction that the observations made by the trial Court as also the revisional court in the impugned orders shall not come in the way of deciding the fresh complaint. 3. As prayed, this petition is dismissed as withdrawn with the aforesaid liberty. It is directed that the findings given by the trial Court as also the Revisional Court in the impugned orders shall not be given effect to while deciding the complaint. Sd/- (Sanjay Kumar Jaiswal) Judge Rao