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2025 DAILYLAW 3585 (CHH)

ASHISH GUPTA v. STATE OF CHHATTISGARH

CRMP/285/2024 · 2025-02-17

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:8120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 285 of 2024 1 - Ashish Gupta S/o Shri Nandkishore Gupta, Aged About 32 Years, R/o House No. 66, Lohia Nagar, Ram Manohar Colony, Post Station Mowa, Raipur, District : Raipur, Chhattisgarh 2 - Aayush Gupta S/o Shri Nandkishore Gupta, Aged About 27 Years R/o House No. 66, Lohia Nagar, Ram Manohar Colony, Post Station Mowa, Raipur, District : Raipur, Chhattisgarh 3 - Nandkishore Gupta S/o Shri Narayan Prasad Gupta, Aged About 32 Years, R/o House No. 66, Lohia Nagar, Ram Manohar Colony, Post Station Mowa, Raipur, District : Raipur, Chhattisgarh 4 - Mnorama Gupta W/o Shir Nandkishore Gupta, Aged About 62 Years, R/o House No. 66, Lohia Nagar, Ram Manohar Colony, Post Station Mowa, Raipur, District : Raipur, Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through Mahila Police Station Ambikapur, District : Surguja (Ambikapur), Chhattisgarh 2 - Kiran Gupta D/o Jageshwar Prasad Gupta, Aged About 32 Years, R/o Village Chorkidih, Lundra, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondents For Petitioner(s) : Mr. Nishikant Sinha, Advocate. For State : Mr. Shailendra Sharma, Panel Lawyer. Digitally signed by MOHAMMAD AADIL KHAN 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 17-02-2025 1. The present petition has been filed with following prayer:- “It is most respectfully prayed that this Hon’ble Court may kindly be pleased to quash the First Information Report and filing of charge-sheet against petitioners vide Crime No. 13/2022 under Section 498-A of IPC by Police Station Mahila Thana, Ambikapur, District Surguja(C.G.) and the consequent proceedings in Criminal Case No.958/2022, pending in the court of Judicial Magistrate First Class, Ambikapur, Surguja, in the interest of justice.” 2. Learned counsel for the State has pointed out that after investigation, charge sheet has been filed and the charges have been framed in the present case on 20-11-2024 and the case is fixed for recording evidence of prosecution witnesses. 3. At this juncture, learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with liberty to challenge the order framing charge. 4. On the prayer made by learned counsel for the petitioners, the present petition is dismissed as withdrawn with liberty to the petitioners to take recourse to law to challenge the order of 3 framing charge as the present petition has been filed only for quashing of the proceedings. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil