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2025 DAILYLAW 39378 (CHH)

IBRAR ANSARI v. STATE OF CHHATTISGARH

CRMP/2541/2025 · 2025-08-13

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:41021-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2541 of 2025 1 - Ibrar Ansari S/o Jabir Ansari Aged About 20 Years R/o Vijaynagar, Chowki Vijaynagar, Police Station - Ramanujganj District - Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer Police Chowki Vijaynagar Police Station Ramanujganj District - Balrampur - Ramanujganj (C.G.) 2 - Sumant Prajapati W/o Ramsevak Prajapati Aged About 30 Years R/o Village Vijaynagar, Chowki Vijaynagar Police Station Ramanujganj District - Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Petitioner : Mr. Ajeet Kumar Yadav, Advocate. For Respondents/State : Mr. Sakib Ahmed, P.L. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 14.08.2025 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.14 18:45:58 +0530 2 1. Heard Mr. Ajeet Kumar Yadav, learned counsel for the petitioner. Also heard Mr. Sakib Ahmed, P.L. appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “(a) Allow the instant petition under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023. (b) Quash the impugned FIR bearing Crime No. 182/2024 dated 05.10.2024 registered at Police Chowki-Vijaynagar, Police Station- Ramanujganj, District-Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 296, 351(3), 109, 3(5) of Bhartiya Nyay Sanhita, 2023 against the petitioner. (c) Quash the impugned Final Report No. 198/2024 dated 14.12.2024 submitted by the Police Chowki- Vijaynagar, Police Station- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) before the learned Chief Judicial Magistrate, Ramanujganj (C.G.) for the offence under Section 296, 351(3), 109, 3(5) of B.N.S. against the petitioner. (d) Quash the impugned order dated 23.06.2025 passed in S.T. No. 10/2025, whereby the learned Second Additional Sessions Judge, Ramanujganj, District-Balrampur-Ramanujganj (C.G.) has framed charges 296, 351(3), 109, 3(5) of B.N.S. against the petitioner. (e) Discharge the petitioner from the offence U/s 296, 351(3), 109, 3(5) of B.N.S. (f) Any other relief which the Hon'ble Court deems fit, 3 may kindly be granted in favour of petitioner, in the interest of justice.” 3. The brief facts of the case is that on 05.10.2024, the complainant/respondent no. 2 has lodged complaint before the Police Chowki-Vijaynagar to the effect that the petitioner & his family members used to create dispute with Harikishun (cousin brother of complainant) and on 05.10.2024 the accused persons allegedly attempted to commit murder of the victim by strangulating him by rope on his neck, at that time, the complainant reached there and intervened in the quarrel and saved the life of Harikishun. 4. On the above report, the offence under 296, 351(3), 109, 3(5) of B.N.S. have been registered against the petitioner and other co- accused and upon completion of investigation, the charge sheet has been submitted before the Chief Judicial Magistrate, Ramanujganj. 5. Learned counsel for the petitioner submits that there is dispute between the families relating to the land bearing Khasra No. 1758/4. He further submits that the petitioner has been falsely implicated for grabbing the property. He further submits that the victim was medically examined and no critical injury was found. He further prays that the FIR against the present petitioner be quashed. 6. Per Contra, learned State counsel would oppose the submission made by the learned counsel for the petitioner. He would submit that in the case in hand, the charge-sheet has already been filed before the concerned competent court and charges has been already framed 4 hence, the charge sheet cannot be quashed at this juncture. 7. We have heard learned counsel for the parties and perused the documents appended in the petition. 8. From bare perusal of the pleadings and the documents appended in the petition, it is manifest that the matter relates to attempt to murder . Prima-facie, this Court found that the petitioner has come up before this Court for quashment of FIR. From bare perusal of the FIR, pleadings and the documents, it is evident that the allegation against the petitioner is that, he along with other co-accused on account of land dispute attempted to commit murder of victim. 9. It is further noted that the charge sheet has already been filed and the charges has been framed, at this stage, this court is not in a position to analyse the facts which has been concluded during the investigation and the statement needs to be recorded, as such, this Court does not find any good ground to quash the charge sheet. However, it is obligatory that the trial be brought to a logical end expeditiously. 10. In that view of the matter, the CRMP is disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti