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2025 DAILYLAW 42576 (CHH)

VISHESHR SAHU v. STATE OF CHHATTISGARH

CRMP/2857/2025 · 2025-09-11

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:46702-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2857 of 2025 Visheshr Sahu S/o Jugaru Ram Sahu Aged About 54 Years R/o Village Bamurhadih, Tahsil Pathariya, District : Mungeli, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Station House Officer Police Station Mungeli, District : Mungeli, Chhattisgarh 2. Ram Bharos Sahu S/o KripaRam Sahu Aged About 55 Years R/o Village Bamurhadih, Tahsil Pathariya, District : Mungeli, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Vikhyat Arora along with Mr. Ramayan Yadav, Advocate For Respondents/ State: Mr. Sakib Ahmed, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 12/09/2025 1. Heard Mr. Vikhyat Arora along with Mr. Ramayan Yadav, learned counsel for the petitioner. Also heard Mr. Sakib Ahmed, learned Panel Lawyer for the respondents/ State. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.12 17:55:40 +0530 2 2. The petitioner has filed this petition praying for following relief:- 1. That, this Hon'ble Court may be kindly pleased to call for the entire records for its kind persusal. 2. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this petition and quash the impugned FIR No. 265/2024 registered vide dated 16.06.2024 for offence u/s 420 IPC registered at PS Mungeli, District Mungeli. CG against the petitioner & also quashing of the chargesheet, charge framed for offence u/s 420 of the IPC & further criminal proceedings pursuant to FIR No. 265/2024 in Criminal Case No. 86/2025 pending against the petitioner & also quash the order dated 31.05.2024 passed by the Ld Judicial Magistrate, Class 1, Mungeli, in the interest of justice. 3. Any, other relief which this Hon'ble Court deems fit & proper may also be granted, 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 cognizance of the offence has been taken by the learned trial Court. The petitioner has prayed for quashing of the FIR, charge-sheet, charge framed and the proceedings pending before the learned trial Court. However, in the opinion of this Court, the prayer is defective as the charge framing order dated 27.02.2025 is not mentioned. This omission reflects that the prayer, as drafted by learned counsel for the petitioner, has been prepared in a casual manner. 3 4. Learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition with a proper prayer. 5. Learned State counsel has no objection. 6. In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty as prayed for, subject to depositing a sum of Rs. 2,000/- as cost by the petitioner in the Registry of this Court for wasting precious time of the court and producing the receipt of the same at the time of filing of the fresh petition, if any. The said amount shall be transmitted to the Government Multi-Disabled Home, Village Pendri, District- Janjgir- Champa (C.G.). 7. Certified copies of the FIR, charge-sheet, and other documents, if any, may be returned to the petitioner after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti