Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:49110-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2984 of 2025 Itwari Ram Bhardwaj S/o Late Shri Aghan Ram Bhardwaj Aged About 44 Years R/o Ward No. 2, School Basti Sonkyari, Thana Sanna, Distt. Jashpur C.G.
... Petitioner versus 1 - State of Chhattisgarh, through P.S. Sanna, Distt. Jashpur C.G. 2 - Smt. Jagtri Pradhan W/o Dhir Singh Dhruv Aged About 38 Years R/o Chowki Sonkyari, Thana Sanna, Distt. Jashpur C.G.
... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. J.K. Gupta, Advocate For Respondent /State : Mr. Saumya Rai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble
Shri
Ramesh Sinha, Chief Justice
Hon'ble
Shri
Bibhu Datta Guru
, Judge
Order on Board Per Ramesh Sinha, Chief Justice 25.09.2025
1. Heard Mr. J.K. Gupta, learned counsel for the petitioner as well as Mr. Saumya Rai, learned Panel Lawyer, appearing for the State/respondent. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA
2
“1. That, Hon’ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioner, in the interest of justice. 2. That, Hon'ble Court may kindly be pleased to quash the FIR bearing Crime no. 01/2025 registered on 03.01.2025 at police station Sanna, Jashpur, District Jashpur Chhattisgarh filed under section 74, 351(2) of B.N.S. in the interest of justice. 3. That, Hon'ble Court may kindly be pleased to quash entire charge sheet and Criminal Case No. 384/2025 pending before the learned Judicial Magistrate First Class, Jashpur- District Jashpur Chhattisgarh against the petitioner under section 74, 351(2), of B.N.S. in the interest of justice. 4. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.”
3.
From perusal of the prayers and pleadings made in the instant petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offences has been taken by the competent Court and the petitioner has only prayed for quashing of the FIR as well as the final charge-sheet and criminal case pending before the trial Court but, the petitioner has not challenged the order taking cognizance, which goes to show that the prayers drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayers are defective one. 3
4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.2,000/- as cost by the petitioner in the Registry of this Court and the same shall be transmitted to the Government Special School for Visually Handicapped Boys and Girls, Jashpur (C.G.). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra