Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36734-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2346 of 2025 Bhavana Sinha W/o Raju Sinha Aged About 25 Years R/o Near Om Kirana Stores, Road No.12, Bajrang Para Kohka, Chowki Smriti Nagar, District Durg, Chhattisgarh. Present Address- C/o Gayaneshwar Sinha, Mamta Nagar, Gali No.04 Rajnandgaon, Chhattisgarh. ... Petitioner(s) versus
1. State of Chhattisgarh Through Officer In Charge Police Station Supela, District : Durg, Chhattisgarh. 2. Raju Sinha S/o Kejulal Sinha Aged About 31 Years R/o Near Om Kirana Stores, Road No.12, Bajrang Para Kohka, Smriti Nagar Police Station Supela, District : Durg, Chhattisgarh. ...Respondent(s) For Petitioner : Mr. Love Kumar Ramteke, Advocate. For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
29.07.2025
1. Heard Mr. Love Kumar Ramteke, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.29 16:22:36 +0530
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2. The present petition has been filed by the petitioner with the following prayer:
“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash the FIR No. 528 of 2025 dated 11.05.2025, charge-sheet No. 327 of 2025 dated 22.05.2025 by Police Station Supela, & Criminal Case No. RCC/21535/2025 is pending before the CJM Court, Durg against the petitioner, in the interest of justice.”
3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offence has been taken by the learned trial Court and the petitioner has prayed for quashing of the FIR, charge-sheet and the proceedings pending before the learned trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioner has not prayed for quashing of order taking cognizance of the offences by the learned trial Court which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner, to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer. 4. Learned State counsel has no objection. 5.
In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/-
3 as cost by the petitioner before the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Children Observation Home, Durg. 6. Certified copy of the FIR, charge-sheet along and other documents, if any, may be returned back to the petitioner after retaining a photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan