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2025 DAILYLAW 31575 (CHH)

RAMESH CHANDRAKAR v. THE STATE OF CHHATTISGARH

CRMP/2026/2025 · 2025-06-30

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:29299-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2026 of 2025 1 - Ramesh Chandrakar S/o Shri Makhan Lal Chandrakar Aged About 62 Years R/o Village, Post Ghunchapali Kalan, Block And Thana Bagbahara, District Mahasamund, Chhattisgarh. 2 - Rishabh Chandrakar S/o Shri Ramesh Chandrakar Aged About 28 Years R/o Village, Post Ghunchapali Kalan, Block And Thana Bagbahara, District Mahasamund, Chhattisgarh. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Station House Officer, Police Station- Bagbahra, District Mahasamund, Chhattisgarh. 2 - Rohit Chandrakar S/o Shri Patiram Chandrakar R/o Village Bhaluchuvan, Post Ghunchapali Kalan, Block And Thana Bagbahara, District Mahasamund, Chhattisgarh. ... Respondent(s) (Cause title is taken from CIS) For Petitioners : Mr. Sandeep Dubey, Advocate For Respondent/ State : Mr. S. S. Baghel, Dy. Govt. Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.02 10:47:49 +0530 2 Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 01/07/2025 1. Heard Mr. Sandeep Dubey, learned counsel for the petitioners. Also heard Mr. S. S. Baghel, Dy. Govt. Advocate for the respondent/ State. 2. The petitioners have filed this petition praying for following relief:- “It is therefore prayed that, this Hon'ble Court may kindly be pleased to allow the petition and quash the Criminal Proceedings and Final Report under section 193 of BNSS, 2023 dated 07.04.2025 pending in Criminal case. No. 439/2025 before the Judicial Magistrate First Class Bagbahara, District Mahasamund with respect to crime no. 40/2025 registered in Police Station Bagbahara, District Mahasamund under Section 3(5) and 303(2) of BNS, 2023 against the petitioners (Annexure-P/1) in the interest of justice.” 3. At the time of hearing, this Court has observed that the petitioners have filed the present petition without appropriate prayer which is defective one, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer as there is offence in the prayer have not mentioned to which learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with liberty to file afresh with proper prayer. 4. Learned State counsel has no objection. 3 5. In view of the submissions made by learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 5,000/- as cost by the petitioners in the Registry of this Court and the said amount shall be transmitted to the Government School for Visually Handicapped Boys and Girls, District- Jaspur (C.G.). 6. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner/ State after obtaining the photocopy of the same. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar/ Jyoti