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2025 DAILYLAW 32789 (CHH)

AVNEESH MISHRA v. STATE OF CHHATTISGARH

CRMP/1450/2022 · 2025-09-08

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:45827-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1450 of 2022 Avneesh Mishra S/o Ramashankar Mishra Aged About 27 Years R/o Qr. No. A. J/49 Asma Colony, Uslapur, Bilaspur Police Station- Sakri, District- Bilaspur Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Police Station Sarkanda, District- Bilaspur Chhattisgarh. 2 - XYZ (Details In Close Envelope) Nil. ... Respondent(s) (Cause title taken from CIS) For Petitioner : Mr. Amit Xalxo, Advocate alongwith Mr. Chitendra Singh, Advocate. For Respondent/ State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 09.09.2025 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.09.10 10:47:00 +0530 2 1. Heard Mr. Amit Xalxo, learned counsel alongwith Mr. Chitendra Singh, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer appearing for the respondent/ State. 2. The present CRMP has been filed by the petitioner with the following prayer :- “It is therefore, kindly prayed that this Hon'ble Court may kind enough to allow the instant petition and quash the F.I.R. No.272/2022 registered by Police station Sarkanda, Bilaspur (c.g.) for offence punishable under section 376 of I.P.C. & Section 3(2) (V) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. further be pleased to quash the Criminal proceeding in Spl.Case (Atrocity) /9/2022 (State v/s Avneesh Mishra)pending before Spl.Judge, SC/ST(PA) Act, Bilaspur( c.g.) and acquit the Petitioner from the charges levelled on him in the interest of justice.” 3. At the very outset, learned counsel for the petitioner would submit that the charges have been framed against the present petitioner by the concerned trial Court. He further submits that out of 19 witnesses, evidence of 08 witnesses have been recorded hence, he seeks permission of this Court to withdraw this petition with liberty to take appropriate recourse to law. 4. Learned State counsel has no objection. 5. In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to cooperation of the 3 petitioner with the trial. 6. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar