Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 28982 (CHH)

SHIVA SAHU v. STATE OF CHHATTISGARH

CRMP/1943/2025 · 2025-06-30

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:29293-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1943 of 2025 Shiva Sahu S/o Late Rohit Sahu Aged About 28 Years Resident Dhangawan Ward No. 16, Thana Jaithari District Anuppur (M.P.), Current Resident Shweta Colony, Mandir Hasaud, Thana Mandir Hasaud, District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Mandir Hasaud, District Raipur Chhattisgarh. 2 - XYZ ... Respondent(s) For Petitioner(s) : Ms Neeta Tulsani Thawani, Advocate For Respondent No.1/State : Mr.S.S.Baghel, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 1.7.2025 1. Heard Ms Neeta Tulsani Thawani, learned counsel for the petitioner as well as Mr.S.S.Baghel, learned Deputy Government BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.07.01 17:57:51 +0530 2 Advocate appearing for respondent No.1/State. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayer :- “I. To Kindly quash the F.I.R. dated 20.03.2025 bearing No. 113/2025, registered at P.S. Mandir Hasod, District- Raipur, Chhattisgarh against the petitioners. II. To Kindly quash impugned final report bearing no. 102/2025 dated 20.04.2025 filed against the petitioners under section 64 (2) m of BNS in crime по. 113/2025 (Annexure P/1). III. To Kindly Stay the Trail Proceeding; where above said allegation not applicable to the Petitioner, whereby the learned Chief Judicial Magistrate, Upper Session Court (F.T.C.)(C.G.) has taken cognizance of the impugned chargesheet and registered the impugned criminal proceedings as Criminal Case no. 5195/2025 against the petitioners. IV. And to kindly grant any other relief to the petitioner as this Hon'ble Court may deem fit and proper in facts and circumstances of the case, may also be granted to petitioner.” 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioner has not mentioned in relief clause that on which date the order taking cognizance has ben 3 passed by the Court concerned, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one. 4. 4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.1,000/- as cost by the petitioner in the Registry of this Court and the same shall be transmitted to the Government Disabled College, Mana Camp, Raipur (C.G.). 5. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioners after retaining the photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu