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2025 DAILYLAW 42634 (CHH)

SMT. DURGA AMMA v. STATE OF CHHATTISGARH

WPCR/493/2025 · 2025-09-07

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:45502-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 493 of 2025 Smt. Durga Amma W/o Shri Surya Narayan Rao, aged about 62 years R/o Near Balaji Mandir, Khursipar, Bhilai, Tahsil and District Durg C.G. ... Petitioner versus 1 - State of Chhattisgarh Through Superintendent of Police, Durg C.G. 2 - Commissioner and Detaining Authority, Durg Division Durg C.G. ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Aman Pandey, Advocate For Respondents /State : Mr. Sangharsh Pandey, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 08.09.2025 1. Heard Mr. Aman Pandey, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State/respondents. 2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs :- ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 “A. Call for the entire records of the case pertaining to the Petitioner; B. Issue a writ/order/ direction of appropriate nature for quashing and setting aside the order dated 06.08.2025 passed by the Respondent No.2 in Criminal Case No.17 of 2024 (Annexure P/1) and in consequence quash the arrest warrant issued against the Petitioner pursuant to the detention order dated 27.11.2024; C. Any other relief which this Hon’ble Court may deem fit in the facts & circumstances of case.” 3. Present petition has been filed by the petitioner challenging the order dated 06.08.2025, whereby an opinion has been sought from the Office of the Advocate General by the Commissioner / Detaining Authority, Durg Division, Durg, a copy of the same has been annexed as Annexure-P/1. 4. The learned State Counsel states that the said opinion has not yet been given, hence, the present petition is a premature one. 5. Learned counsel for the petitioner states that he may be permitted to withdraw the instant petition at this stage with liberty to take recourse to law, if any further cause of action arises. 6. Accordingly, the instant petition is dismissed as withdrawn with liberty as prayed for. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra