1 2025:CGHC:48231-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2934 of 2025 1. Fakirchand Agrawal S/o Late Niranjan Lal Agrawal Aged About 77 Years Residing At Ward No. 15 Samta Nagar, P.S. Gaurella, Tehsil- Pendra, District- Gaurella-Pendra-Marvahi C.G. 2. Gopal Krishna Agrawal S/o Fakirchand Agrawal Aged About 48 Years Residing At Ward No. 15 Samta Nagar, P.S. Gaurella, Tehsil- Pendra, District- Gaurella-Pendra-Marvahi C.G. 3. Aashish Agrawal S/o Fakirchand Agrawal Aged About 41 Years Residing At Ward No. 15 Samta Nagar, P.S. Gaurella, Tehsil- Pendra, District- Gaurella-Pendra-Marvahi C.G. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Police Station- Gaurella, District- Gaurella-Pendra-Marvahi, C.G. 2. Ramesh Kumar Lahre District Marketing Officer, Chhattisgarh State, C-Operative Marketing L.T.D. Maryadit, District Gaurella-Pendra- Marvahi, C.G. ... Respondent(s) For Petitioner : Mr. Himanshu Kumar Sharma, Advocate For Respondents/ State: Mr. Sakib Ahmed, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.19 19:13:47 +0530 2 Judgment on Board Per Ramesh Sinha, Chief Justice 19/09/2025 1. Heard Mr. Himanshu Kumar Sharma, learned counsel for the appellant. Also heard Mr. Sakib Ahmed, Panel Lawyer for the respondent/ State. 2. The appellant has filed this appeal praying for following relief:- “I. First Information Report (FIR) bearing No. 009/2023 dated 05/01/2023 u/s 420 read with 34 of Indian Penal Code 1860 registered at Police Station- Gaurella, District – Gaurella-Pendra- Marvahi,Chhattisgarh; ii. The order dated 06/07/2024 of M.J.C no. 45/2023, passed by the learned Judicial Magistrate First Class, Pendra Road, Bilaspur, Chhattisgarh, allowing Application filed Under Section 302(2) of CR.P.C 1973 filed by Rival Rice Millers, who are not Complainant in FIR bearing No. 009/2023 dated 05/01/2023 and in which Closure Report bearing No. 02/2023 dated 25/04/2023 u/s 420 read with 34 of I.P.C, has been alreay filed by Police Station- Gaurella, District - Gaurella - Pendra - Marvahi, Chhattisgarh: 3 iii. The order dated 24/08/2024 of M.J.C no. 45/2023, passed by the learned Judicial Magistrate First Class, Pendra Road, Bilaspur, Chhattisgarh, rejecting the Closure Report bearing No. 02/2023 dated 25/04/2023 u/s 420 read with 34 of Indian Penal Code 1860, filed by Police Station- Gaurella, District - Gaurella - Pendra - Marvahi, Chhattisgarh; iv. The order dated 09/09/2024 of Criminal Case no. 1292/2024 passed by the learned Judicial Magistrate First Class, Pendra Road, Bilaspur, Chhattisgarh taking cognizance of the aforementioned rejected Closure Report and recorded Evidence of Witnesses and Documents filed with Application filed Under Section 302(2) of CR.P.C 1973, which was filed by Other Persons who are Rival Rice Miller's and are not Complainant in (FIR) bearing No. 009/2023; v. The entire proceedings of Criminal Case No. 1292/2024 titled 'State of Chhattisgarh vs. Fakirchand Agrawal and Others, pending before the Court of the learned Judicial Magistrate First Class, Pendra Road, Bilaspur, Chhattisgarh. vi. The Order dated 04/08/2025 Passed in Criminal Revision 22/2025 titled ' Fakirchand Agrawal and 4 Others Vs. State of Chhattisgarh, by the learned Second Additional Session Judge, Pendra Road, Bilaspur, Chhattisgarh, whereby the Learned Court Rejected the Revision.” 3. Learned counsel for the petitioner submits that closure report was filed with respect to the FIR lodged by private respondent and in the same, closure report was filed and same was rejected by order dated 24.08.2024 on account of objection raised by Gagan Agrawal and others, who have not party in the subject matter. Challenging the rejection order, the petitioners preferred criminal revision No. 22/2025 before the court of Second Additional Judge, Pendra Road, Bilaspur, which was rejected. 4. Perusal of the documents shows that the petitioners have not arrayed the persons who objected the closure report i.e. Gagan Agrawal and others. 5. At this point, learned counsel for the petitioners seeks permission of this court to withdraw the instant petition with liberty to file a fresh impleading necessary party. 6. In view of the submissions made by learned counsel for the petitioners, 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 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 Special School 5 for intellectually Handicapped Girls, District Narayanpur C.G. 7. Certified copies of the documents, if any, may be returned to the petitioners after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti