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2025 DAILYLAW 34008 (CHH)

DR. SUDHANSHU KIRAN v. STATE OF C.G.

CRMP/2163/2025 · 2025-07-16

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:33600-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2163 of 2025 1 - Dr. Sudhanshu Kiran S/o Late Dadan Chaudhari Aged About 41 Years (M.D.) (Medicine), R/o Shri Mahaveer Hospital, Near Sai Mandir, Ambikapur, District- Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of C.G. Through S.H.O. P.S. Gandhinagar, Ambikapur, District- Sarguja (C.G.) 2 - Neeraj Verma S/o Late Shri R.R. Verma, R/o Mayor Colony, Sai Mandir Road, Ambikapur, District- Sarguja (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Tarendra Kumar Jha, Advocate. For Respondent(s) : Shri Sangharsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.07.17 18:41:32 +0530 2 Per Ramesh Sinha , Chief Justice 17.07.2025 1. Heard Shri Tarendra Kumar Jha, learned counsel for the petitioner. Also heard Shri Sangharsh Pandey, learned Govt. Advocate for the State/respondent No. 1. 2. The present Cr.M.P. has been filed with the following prayer:- “ It is therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to allow this petition and set aside the order dated 17.06.2025 passed by C.J.M. Ambikapur U/s 156(3) of Cr.P.C. 1973 for registration of F.I.R. against the petitioner in the interest of justice.” 3. An affidavit has been filed by the Superintendent of Police Ambikapur, District Surguja on 16-7-2025 in compliance of Court’s order dated 15.07.2025 wherein it has been stated by Superintendent of Police that the erring official was put to show cause notice as to why he did not comply with the order of learned Magistrate by which order for registration of a case was passed. In pursuance of show cause notice, the reply was submitted by the Inspector/In-charge Pradeep Jaiswal. On due consideration of the reply, the same found to be unsatisfactory and punishment of censure has been imposed upon him. It is stated that the FIR has been registered, a copy of the same has been annexed with the affidavit filed by the Superintendent of Police. 3 4. In view of foregoing, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file afresh challenging the FIR which has been registered. 5. Accordingly, the instant Cr.M.P. is dismissed as withdrawn with the liberty as stated supra. 6. Certified copy of the documents be returned back after retaining its xerox copy. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib/Amardeep