Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:39082-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2394 of 2025
1. Fageshwari Kanwar D/o Late Neelam Kanwar, Aged About 33 Years R/o Village Bhothidih, Police Station Magarlod, District Dhamtari (Chhattisgarh)
2. Smt. Sharda Verma W/o Pramod Kumar Chandrkar, Aged About 35 Years R/o G-13 Police Line Risdi, District Korba (Chhattisgarh)
... Petitioner(s) versus
1. State of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Raipur (Chhattisgarh)
2. Yasminbano, W/o Syed Asif Ali, Aged About 29 Years R/o Shiv Vihar Colony, Mahadev Ghat, Road, Raipur, District Raipur (Chhattisgarh)
...Respondent(s) For Petitioners : Mr. Jay Singh, Advocate. For Respondent/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
06 .08.2025
1. Heard Mr. Jay Singh, learned counsel for the petitioners. Also heard Mr. Soumya Rai, learned Panel Lawyer, appearing for respondent No.1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.08.06 19:11:15 +0530
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2. The present petition has been filed by the petitioners with the following prayers:
“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to set-aside the order dated 03.07.2025 (Annexure P/1) passed by the Judicial Magistrate First Class, Raipur, District Raipur (C.G.) in Complaint Case No. 2685 of 2025 and set aside the registration of FIR submitted by the complainant for the commission of offence which is punishable under Sections 294, 323, 506 and 34 of the Indian Penal Code 1860 in the interest of justice.”
3. Learned State counsel submits that in compliance of the order dated 01.08.2025 passed by this Court, the Superintendent of Police, Raipur, has filed his personal affidavit on 05.08.2025, which is on record. The relevant part of the same reads as under:
“4. That, it is respectfully submitted on behalf of the deponent herein that, in compliance of the Hon’ble Court’s order dated 01.08.2025, has called upon an explanation from the SHO of the concerned Police Station (i.e. SHO, P.S. City Kotwali, District Raipur) as to why the action has not been taken in pursuance of the order passed by the learned trial Court and consequently the punishment of censure has been awarded to the concerned Officer-incharge. A copy of the order dated 05.08.2025, imposing censure to the concerned officer has been annexed herewith as Annexure D/1.
5. That, the deponent respectfully submits, that, on the basis of the order dated 03.07.2025 to the Police Station In-charge City Kotwali, to comply with the order passed by the Judicial Magistrate First Class, Raipur a
3 FIR has been registered against Vedvati Dariyo, Sharda Verma, Fageshwari Kanwar & Syed Asif Ali under Sections 294, 323, 506 part 2/34 of the Indian Penal Code, in P.S. City Kotwali on 01.08.2025 as Crime No. 0151 of 2025 and the information of the registration has been sent to the Court of Magistrate. A copy of the FIR registered against the present petitioners is being annexed herewith as Annexure D/2.”
4. From perusal of the affidavit, it transpires that punishment of censure has been awarded to the concerned Officer-incharge.
5.
Learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition challenging the FIR bearing Crime No. 0151 of 2025 registered at Police Station City Kotwali, District Raipur (C.G.) on 01.08.2025.
6. In view of the above, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice Brijmohan