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2025 DAILYLAW 35595 (CHH)

ARVIND RATRE v. STATE OF CHHATTISGARH

CRMP/2294/2025 · 2025-07-21

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:34759-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2294 of 2025 1 - Arvind Ratre S/o Shri Raj Kumar Ratre, Aged About 19 Years R/o Village Nandeli, P/s Sakti, District Sakti Chhattisgarh 2 - Ravindra Ratre (Ravindra Satnami) S/o Darash Ram Satnami, Aged About 30 Years R/o Village Nandeli, P/s Sakti, District Sakti Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar New Raipur Chhattisgarh 2 - The Superintendent Of Police, Raigarh District Raigarh, Chhattisgarh 3 - The Station House Officer, Police Station Kharsia, District Raigarh Chhattisgarh ... Respondent(s) (Cause title is taken from CIS) For Petitioners : Mr. B. L. Sahu, Advocate For Respondents/ State : Mr. Sakib Ahmed, Panel Lawyer SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.23 10:37:41 +0530 2 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. B. L. Sahu, learned counsel for the petitioners. Also heard Mr. Sakib Ahmed, learned Panel Lawyer for the respondents/ State. 2. The instant petition has been filed by the petitioners praying for the following relief:- “1. That, this Hon'ble Court may kindly be pleased to call for the records pertain to the case of the petitioners from the concerned learned court. 2. That, this Hon'ble Court my kindly be pleased to quash/set aside the charge-sheet bearing no. 264/2025, filed on 07.06.2025 (Annexure P/2) before leaned Judicial Magistrate First Class Kharsia, District Raigarh, filed by Police Station Kharsia, District Raigarh, in crime no. 275/2025, and also challenging the order dated 19.06.2025 (Annexure P/1), taking in Cognizance, passed in criminal case no. 248/2025, pending before the learned Judicial Magistrate First Class Kharsia, District Raigarh (C.G.) 3. Any other relief (S), which may be deemed fit in favour of petitioners, may also be granted.” 3. It transpires from the order sheet and as also pointed out by the learned State counsel that the charges have been framed against the petitioners vide order dated 19/06/2025 by the trial Court and 3 the case was fixed for recording of the prosecution evidence on 12/09/2025 whereas the prayer made in the present petition stating that the order which has been challenged is order taking cognizance. 4. In view of the above, when the counsel for the petitioners was drawn attention towards the order dated 19/06/2025 he could not give plausible reply and he has not challenged the charge framing order in the present petition. He has mentioned in the prayer that the order dated 19/06/2025 is order taking cognizance though in fact, it is an charge framing order. It appears that the petitioner has filed the present petition without appropriate prayer which 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 liberty to file afresh with proper prayer and documents. 5. Learned State counsel has no objection. 6. 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, subject to depositing a sum of Rs. 5,000/- as cost. However, upon a prayer being made by the counsel for the petitioners for reducing the amount of cost, he is directed to deposit an amount of Rs. 2,000/- as cost in the Registry of this Court. The said amount shall be transmitted to the 4 Government Disabled College, Mana Camp, Raipur, C.G. 7. 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 $ Bhilwar/ Jyoti