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2025 DAILYLAW 31572 (CHH)

M/S. ZOYA ENTERPRISES v. STATE OF CHHATTISGARH

CRMP/2023/2025 · 2025-07-01

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:29699-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2023 of 2025 1 - M/s. Zoya Enterprises Through Its Proprietor Mr. Rajesh Dua, Age About 56 Years, At 126, 4th Floor, Vaishali Enclave, Pitampura, Delhi – 110034. 2 - Rajesh Dua S/o Sh. Yashpal Dua Aged About 56 Years R/o H.No. 126, 4th Floor, Vaishali Enclave, Pitampura Delhi – 110034. 3 - Dharmesh Kotak S/o Sh.P.C. Kotak Aged About 50 Years R/o 19B, 1st Floor, Dda Flats Shahpur, Jat, New Delhi 110049. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Superintendent of Police District Durg, Chhattisgarh. 2 - State House Officer Police Station Mohan Nagar, District Durg, Chhattisgarh. 3 - Praveen Kumar Jain S/o Sh. Basant Kumar Jain R/o H.No. 13/11, Rishabh Nagar Durg Durg Kotwali, Durg Chhattisgarh. Mob. No 9300292079. ... Respondent(s) ----------------------------------------------------------------------------------------------- For Petitioners : Mr. Vikas Arora and Mr. Anumeh Shrivastava, Advocates For Respondent Nos.1 & 2 /State : Mr. Hariom Rai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 02.07.2025 1. Heard Mr. Vikas Arora and Mr. Anumeh Shrivastava, learned ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 counsel for the petitioners as well as Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent Nos. 1 and 2. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with the following prayers :- “a) Direct the respondent authorities to produce the entire record pertaining to the case FIR No. 88/2025, PS : Mohan Nagar, District Durg. b) Quash the FIR No. 88/2025, PS : Mohan Nagar, District Durg, U/s 318(4) / 3(5) and the consequent investigation being carried out by the police; or c) Stay the investigation of the case FIR No. 88/2025, PS Mohan Nagar, District Durg during the pendency of the present petition; d) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioners have prayed for quashing of the First Information Report without mentioning the date on which it has been registered, which goes to show that the prayers drafted by learned counsel for the petitioners are 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. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayers, subject 3 to depositing a sum of Rs.5,000/- as cost by the petitioners in the Registry of this Court within a period of one week from today and the same shall be transmitted to Government School for Visually and Hearing Impaired, Mathpuraina, Raipur. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra