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2025 DAILYLAW 43989 (CHH)

BHUVNESHWAR JHARIA v. STATE OF CHHATTISGARH

CRMP/2991/2025 · 2025-09-24

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:49111-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2991 of 2025 Bhuvneshwar Jharia S/o Sohanlal Jharia Aged About 26 Years R/o Village-Ajhawar, P.S. Sahapur, District- Dindori (M.P.) Presently Residing At Ambedkar Chowk, Siltara, District- Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Ministry Of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 - Superintendent Of Police, District Baloda Bazar-Bhatapara (C.G.) 3 - The Station House Officer, Police Station - Simga, District- Baloda Bazar-Bhatapara (C.G.) 4 - Prakash Sahu S/o Hari Ram Sahu Aged About 29 Years R/o Gram Karkena, Hirri, District- Bilaspur (C.G.) ... Respondents For Petitioner : Ms.Pragati Pandey, Advocate For Respondents No.1 to 3/State : Mr.Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 25.09.2025 1. Heard Ms. Pragati Pandey, learned counsel for the petitioner as BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR 2 well as Mr.Shailendra Sharma, learned Panel Lawyer appearing for respondents No.1 to 3/State. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “It is, therefore, prayed that this Hon'ble Court may be pleased to exercise its inherent jurisdiction under Section 528 of BNSS, and in exercise thereof call for the records, if necessary, admit the petition and after hearing parties in the matter quash the FIR dated 29.06.2024 bearing Crime No. 208/2024 registered at Police Station Simga, District Baloda Bazar (C.G.) for the offences punishable under Sections 279, 337, 304-A, 338 of the IPC and Charge Sheet No. 353/2024 dated 08.11.2024 and cognizance order (first order sheet) dated 15.02.2024 in criminal case no. 1154/2024 and order of charge dated 21.11.2024 (ANNEXURE P/1 and ANNEXURE P/2) which is pending before Judicial Magistrate First Class Simga, Balodabazar (C.G), and all consequent proceedings (if any) incidental & accidental thereto” 3. Learned Panel Lawyer appearing for respondents No.1 to 3/State submits that in the present case, charges have been framed against the petitioner and the petitioner has not challenged the order framing charge, to which learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file afresh petition. 3 4. Accordingly, the petition is dismissed as withdrawn with liberty to file afresh petition with appropriate prayer. 5. Certified copy of the documents annexed with this petition shall be returned to learned counsel for the petitioner after retaining the photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu