Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32832-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2202 of 2025 1 - Ram Pratap Jaiswal S/o Shri Pusauram Aged About 54 Years R/o Mohlainbhatha, Katghora, P.S. And Tah Katghora, Distt. Korba (C.G.) 2 - Smt. Savita Jaiswal W/o Shri Ramprasad Jaiswal Aged About 47 Years R/o Mohlainbhatha, Katghora, P.S. And Tah Katghora, Distt. Ko- rba (C.G.) 3 - Sundaram Jaiswal S/o Shri Ramprasad Jaiswal Aged About 19 Years R/o Mohlainbhatha, Katghora, P.S. And Tah Katghora, Distt. Ko- rba (C.G.) 4 - Nikita Jaiswal D/o Shri Ramprasad Jaiswal Aged About 21 Years R/o Mohlainbhatha, Katghora, P.S. And Tah Katghora, Distt. Korba (C.G.) 5 - Ankita Jaiswal D/o Shri Ramprasad Jaiswal Aged About 21 Years R/o Mohlainbhatha, Katghora, P.S. And Tah Katghora, Distt. Korba (C.G.) 6 - Deepa Diksena W/o Shri Santosh Kumar Aged About 40 Years R/o Mohlainbhatha, Katghora, P.S. And Tah Katghora, Distt. Korba (C.G.) 7 - Amarnath Alias Jagnnath Dadsena S/o Shri Kanhaiyalal Aged About 77 Years R/o Village- Semarchuwa Ps Jarhagaon, Distt. Mungeli (C.G.) 8 - Santosh Kumar S/o Shri Jagnnath Dadsena Aged About 53 Years R/o Village- Semarchuwa Ps Jarhagaon, Distt. Mungeli (C.G) 9 - Darvesh Kumar Jaiswal S/o Shri Rajkumar Aged About 37 Years R/o Subhsh Nagar, Takhatpur, Ps Jarhagaon, Distt. Mungeli (C.G) 10 - Aarti Dadsena D/o Shri Santosh Kumar Aged About 21 Years (Wrongly Mentioned Bharti), R/o Village- Semarchuwa, Ps Jarhagaon, Distt. Mungeli (C.G)
... Petitioners ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.07.16 10:28:45 +0530
2 versus 1 - State of Chhattisgarh Through Police Station Katghora, Distt. Korba (C.G.) 2 - Santosh Kumar Jaiswal S/o Shri Kanhaiyalal Alias Pusauram Aged About 67 Years R/o Mohlainbhatha, Katghora, P.S. And Tah Katghora, Distt. Korba (C.G.)
... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Manoj Kumar Sinha, Advocate For Respondent No.1 : 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
15 .07.2025
1 Heard Mr. Manoj Kumar Sinha, learned counsel for the petitioners and Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1.
2 The present petition has been filed by the petitioners with the following prayer:-
“It is therefore prayed that the Hon’ble Court may kindly be pleased to call for the records of the court below of Criminal Case No.2287/2023 (State of CG Vs Ram Pratap Jaiswal and other) pending before the Judicial Magistrate First Class, Katghora
3 Distt. Korba and after its perusal allow this petition and quash the First Information Report bearing Crime No.406/2023 registered at Police Station Katghora Distt. Korba, and entire criminal proceedings pending in Criminal Case No.2287/2023 (State of CG Vs. Ram Pratap Jaiswal and other) pending before the JMFC Katghora Distt. Korba (CG) against the applicants for the offence under section 147, 148, 294, 506, 323 of IPC, 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 prayers which are defective as there is no challenge of order framing charge, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer, to which learned counsel for the petitioners 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/- for filing such a petition in a casual manner and thereby wasting the precious time of this Court, as cost by the
4 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 FIR as well as charge-sheet as also the other documents may be returned back to the petitioner after retaining photocopy of the same. Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu