Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32824-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2193 of 2025 Dayal Singh S/o Late J.P Singh Aged About 46 Years R/o Majgaon Road Near Little Flower School Village Saigona Police Station Kawardha District Kabirdham (C.G.)
... Applicant(s) versus
1. State of Chhattisgarh Through Hose Officer Police Station Kawardha District Kabirdham (C.G.)
2. Yogdas Sahu S/o Late Gurucharan Sahu Address Office Of District Education Officer Kawardha District Kabirdham (C.G.)
...Non-applicant(s) For Applicant : Mr. Dharmesh Srivastava, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
15.07.2025
1. Heard Mr. Dharmesh Srivastava, learned counsel for the applicant. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for non- applicant No. 1/State.
2. The present petition has been filed by the petitioner with the following prayer: BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.15 20:15:15 +0530
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“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash the entire criminal proceedings in Criminal Case No. 384 of 2025 pending before the learned Chief Judicial Magistrate, Kawardha, District Kabirdham (C.G.) and order dated 23.02.2025 thereby the Magistrate has taken cognizance and the Final Report No. 47 of 2025 dated 23.02.2025 and FIR bearing Crime No. 720 of 2024 registered at Police Station Kawardha, District Kabirdham (C.G.) and also quash the charges framed by learned trial Court and further be pleased to discharge the applicant, in the interest of justice.”
3. On perusal of the prayer in the present petition, it transpires that the present petition is drafted with the 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 no mention of the offences under which the impugned FIR has been lodged against the petitioner, to which
learned counsel for the applicant seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer.
4. Learned State counsel has no objection.
5. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioner before the Registry of this Court and submit a
3 receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government SAA Bemetara (C.G.).
6. Certified copy of the order-sheet of the learned trial Court along with charge-sheet may returned back to the applicant after retaining a photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan