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2025 DAILYLAW 44377 (CHH)

DR. VIRENDRA KUMAR CHANDRAKAR v. THE STATE OF CHHATTISGARH

CRMP/2951/2025 · 2025-09-21

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:48451-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2951 of 2025 Dr. Virendra Kumar Chandrakar S/o Girdhar Chandrakar Aged About 54 Years By Caste - Kurmi (Wrongly Mentioned As Niwasi Kurmi In Challan And Order Dt. 28/11/2024) R/o Sai Colony, Kalipur, Jagdalpur, District - Bastar Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Police Station - Bodhghat, District - Bastar Chhattisgarh 2 - Smt. Nagina Sonaki @ Dimpi D/o Late Mulchand Sonaki Aged About 41 Years By Caste - Rajput Marwari, R/o Maharani Ward, Opposite Pani Tanki, Jagdalpur, District - Bastar Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. D.K. Gwalre, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 22.09.2025 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.09.23 10:54:38 +0530 2 1. Heard Mr. D.K. Gwalre, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate for respondent No.1 / State. 2. The petitioner has filed this petition praying for following relief:- “3.1 allow the instant petition; 3.2 graciously be pleased to quash the impugned Charge-Sheet No. 271/2024 dated 30/08/2024 (originated from FIR bearing Crime No. 314/2024 dated 31/07/2024) (Annexure-P/1) for the alleged offence punishable U/Ss. 78, 79 of the Bharatiya Nyaya Sanhita' 2023; 3.3 graciously be pleased to quash the order taking cognizance dated 28/11/2024 (Annexure-P/2) passed in Criminal Case No. 3703/2024 and the entire criminal proceeding pending in the Court of learned Chief Judicial Magistrate, Bastar at Jagdalpur (CG) in the interest of justice.” 3. Learned counsel for the petitioner has come up before this Court for quashing of charge-sheet and order taking cognizance stating that the petitioner is innocent and has been falsely implicated in the case and further, the facts and circumstances of the case, perusal of the entire charge-sheet does not disclose commission of the alleged offence on its face value, rather the allegations appear to be highly improbable, baseless, frivolous and as vague as it could be. Therefore, continuation of criminal proceeding on such false and improbable allegations is an abuse of process of law as well as of the Court. 4. On the other hand, learned State counsel states that in the present matter, charges have already been framed against the 3 petitioner on 18.09.2025 and the matter is fixed for evidence of prosecution witness. But, the order taking charge has been challenged in the present petition, as such, the present petition deserves to be dismissed on this ground alone. 5. We have heard learned counsel for the parties and perused the documents annexed with the present petition. 6. Considering the submission advanced by learned State counsel and the fact that charges have already been framed against the petitioner on 18.09.2025 and the same has not been challenged in the present petition, as such, this petition is dismissed on this ground alone, with liberty to the petitioner to take recourse to law. 7. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet