Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:34763-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2284 of 2025 Sarvagya Verma S/o Kriparam Verma Aged About 32 Years R/o Village - Mohra, Police Station - Suhela, District Balodabazar-Bhatapara (C.G.)
... Petitioner(s) versus 1 State Of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali Balodabazar, District Balodabazar-Bhatapara (C.G.) 2 Xyz (Discription Of The Prosecutrix/ Complainant Is In The Closed Envelope), (Complainant)
... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Ramsajiwan, Advocate For Respondent/ State : Mr. Shailendra Sharma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge
Judgment on Board Per Ramesh Sinha, Chief Justice 22/07/2025
1. Heard Mr. Ramsajiwan learned counsel for the petitioner. Also JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.23 10:31:21 +0530
2 heard Mr. Shailendra Sharma, learned Panel Lawyer for the respondent/ State.
2. The instant petition has been filed by the petitioner praying for the following relief:-
1. That, this Hon'ble Court may kindly be pleased to allow the petition and kindly be pleased to quash the FIR/Crime No.469/2025 registered under Section 376 of Indian Penal Code.
2. That, this Hon'ble Court further be pleased to quash the entire charge sheet in relating to Crime No.469/2025 under Section under Section 376 of Indian Penal Code.
3. That, this Hon'ble Court may further be pleased to quash the order dated 10-06-2025 passed in S.T.No. 72/2025 passed by the learned Session Court, Balodabazar, District Balodabazar-Bhatapara (C.G.), in which the cognizance has been taken for the offence under Section under Section 376 of Indian Penal Code, in the interest of justice.
4. That, any appropriate direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.
3. Perusal of prayer clause of the petition shows that 10.06.2025 is mentioned as order taking cognizance, whereas it is committal
order and the order taking cognizance is dated 29.05.2025, thus the prayer is defective one, 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
3 liberty to file afresh with proper prayer and documents.
4. Learned State counsel has no objection.
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. 2,000/- as cost by the petitioner in the Registry of this Court and the said amount shall be transmitted to the Government Special School for Intellectually Retarded Girls, Gaganpur, Ambikapur, District – Sarguja, C.G.
6. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioners/ State after obtaining the photocopy of the same. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar