Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:34401-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 410 of 2025 Roshan Singh Thakur S/o Late Shri Kailash Thakur Aged About 41 Years R/o Village- Pali, Near Government Primary School, Police Station- Pali, District Korba C.G., Undertrial Prisoner - Through Next Fried Wife Namely Smt. Pratibha Singh Thakur, W/o Shri Roshan Singh Thakur, Aged About 40 Years, R/o Village- Pali, Near Government Primary School, Police Station- Pali, District Korba C.G.
... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur C.G. 2 - Director General of Police, Police Head Quarters, Atal Nagar, Nawa Raipur C.G. 3 - Inspector General of Police, I G Office, Near Rajendra Nagar Chowk, Bilaspur, District Bilaspur C.G. 4 - Superintendent of Police, Korba, District - Korba C.G. 5 - Station House Officer, Police Station- Pali, District - Korba C.G. 6 - Sanjay Bhavnani S/o Shri Nanakram Bhavnani Aged About 45 Years R/o Near Hemant Hospital, Janpad Road, Pali, District - Korba C.G.
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Dharmesh Shrivastava, Advocate For State : Mr. Shashank Thakur, Deputy Advocate General ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.07.21 17:45:30 +0530
2 Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
21 .07.2025
1. Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner and Mr. Shashank Thakur, Deputy Advocate General appearing for the State/respondents No.1 to 5.
2. The present petition has been filed by the petitioner with the following prayers:-
“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to quash the First Infromation Report dated 29.03.2025 registered at police station Pali and subsequent charge-sheet submitted before the learned Judicial Magistrate First Class, Pali, District - Korba (C.G.) for the offence 103(1), 61(2)(a), 190, 191(2), 191(3) of Bhartiya Nyaya Sanhita and section 25, 27 of Arms act and the order dated 24.06.2024 passed by JMFC Pali taking cognizance in the matter and also for quashing of criminal case no. 969/2025 pending before the learned JMFC and subsequent proceeding. 10.3 That, this Hon'ble Court may kindly be
3 pleased to issue a writ of mandamus or any other appropriate writ, order, or direction, directing the respondent authorities to discharge the falsely implicated accused persons, namely Shri Roshan Singh Thakur, Shri Prabhat Dubey, Shri Durgesh Singh Thakur alias Lala Thakur, Shri Vivek Kaushik, Shri Sanskar Thakur, Shri Gaurav Singh Thakur, Shri Vasu Thakur, Shri Mayank Singh, Shri Kailash Kaivart, and Shri Surendra Singh Chauhan, from the first information report and consequential investigation, as they were not present at the scene and have been wrongfully implicated. 10.4 That, this Hon'ble Court may kindly be pleased to issue directions to the respondents to investigate the role of Sanjay Bhavnani and his associates in orchestrating the murder of Rohit Jaiswal and the subsequent attacks on the petitioner's family and relatives. 10.5 That, any other writs and direction which this Hon'ble Court deems fit and just in the
facts and circumstances of the case be granted to the petitioner with cost of the petition.”
3. On perusal of the prayer in the present petition, it transpires that the present petition is drafted with the prayers which are defective as there are some defects, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer, to which learned counsel for the petitioner seeks
4 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/- for filing such a petition in a casual manner and thereby wasting the precious time of this Court, as cost by the petitioner in the Registry of this Court and submit a 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 Special School for Intellectually Retarded Girls, Gangapur, Ambikapur, District Sarguja, Chhattisgarh.
6. Certified copy of the impugned charge-sheet as well as other documents annexed with the writ petition may be returned back to the petitioner after retaining photocopy of the same. Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu