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2025 DAILYLAW 34945 (CHH)

SHEKHAR GUPTA v. STATE OF CHHATTISGARH

CRMP/2215/2025 · 2025-07-17

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:33933-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2215 of 2025 1 - Shekhar Gupta S/o Mr. Mithilesh Gupta Aged About 37 Years R/o Rz-64 New Gopal Nagar Nanak Piao-2nd New Gopal Nagar Near Rail Factory Najafgarh Delhi - 110043 Current Address- Major Shekhar Gupta Milit Pune (Maharashtra) 411025 2 - Mithilesh Gupta S/o Shri Ambika Prasad Gupta Aged About 61 Years R/o Rz-64 New Gopal Nagar Nanak Piao-2nd New Gopal Nagar Near Rail Factory Najafgarh Delhi - 110043 Presently R/o J- 1904 Antriksh Golf View -1 Noida Sector 78, Noida (U.P) 201301 3 - Smt Maya Gupta W/o Mr. Mithilesh Gupta Aged About 57 Years R/o Rz-64 New Gopal Nagar Nanak Piao-2nd New Gopal Nagar Near Rail Factory Najafgarh Delhi - 110043 Presently R/o J- 1904 Antriksh Golf View -1 Noida Sector 78, Noida (U.P.) 201301 4 - Smt. Preeti Gupta W/o Mr. Rishi Ranjan Aged About 35 Years R/o 20/504, East End Apartments Mayur Vihar Phase 1 Ext Vtc Delhi District East Delhi Delhi 110096 Presently R/o The Hyde Park S-1304 Noida Sector 78 Noida (U.P.). 5 - Rishi Ranjan S/o Shri Rajendra Prasad Gupta Aged About 39 Years R/o East End Apartments Mayur Vihar Phase1 Ext Vtc Delhi District East Delhi Delhi 110096 Presently R/o The Hyde Park S-1304 Noida Sector 78 Noida (U.P) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer P.S. Mahila Thana District Ambikapur (Sarguja) Chhattisgarh MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.07.18 18:48:52 +0530 2 2 - Smt Sabhya Gupta W/o Shekhar Gupta D/o Mr Shriprakash Gupta Aged About 33 Years R/o Deviganj Road Near Khadim Show Room District Ambikapur Sarguja Chhattisgarh 497001 ... Respondent(s) For Petitioner(s) : Mr. Soumitra Kesharwani, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 18.07.2025 1. Heard Mr. Soumitra Kesharwani, learned counsel for petitioners. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer for the respondents No.1 / State. 2. The petitioners have filed the present petition, praying for following relief:- “10.1 To quash the FIR no. 0031/2024 registered at P.S.- Mahila-Thana, Ambikapur (Sarguja) dated 02/10/2024 for offence under section 498A of Indian Penal Code, 1860 against the Petitioners. 10.2 To quash the Charge-sheet in crime no. 0031/2024 registered at P.S.- Mahila-Thana, Ambikapur (Sarguja) dated 02/10/2024 for offence under section 498A of Indian Penal Code, 1860 against the Petitioners. 10.3 To quash the criminal proceedings in R.Cr.C No. 3567/2025 pending before the learned court of Judicial Magistrate First Class Ambikapur, Distt. Sarguja (C.G.) arising out of crime no. 0031/2024 3 registered at P.S.- Mahila-Thana, Ambikapur (Sarguja) dated 02/10/2024 for offence under section 498A of IPC. 10.4 To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the cost to the petitioner.” 3. From perusal of the prayer and pleadings made in the present petition, it transpires that the order taking cognizance has not been challenged and though a covering memo has been filed, but no amendment application has been filed to amend the prayer in the petition and challenge the order taking cognizance. 4. In view of the same, learned counsel for the petitioners pray to withdraw the present petition, with liberty to file afresh with appropriate prayer and pleadings. 5. Accordingly, the petition is dismissed as withdrawn, with liberty to file petitions afresh with appropriate prayer and pleadings. 6. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioners after obtaining the photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet