Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4174-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 214 of 2025 Rohanbodhi Gotekar S/o Shri Hari Gote Aged About 45 Years R/o Flat No. 219 Juhi, Block- 5, Talpuri, Ruabandha, Bhilai District Durg, Chhattisgarh, Presently R/o At I-604, Laabham Residency, Pipliyana, Indore- 452016, Madhya Pradesh.
... Petitioner(s) versus
1. State of Chhattisgarh Through The Station House OfÏcer, Police Station Bhilai Bhatti, District Durg, Chhattisgarh.
2. Deeksha Gajbhiye D/o Shri Suchit Gajbhiye Aged About 30 Years R/o F-3, Railway Awas, Gali No. 1, Nehru Nagar, Bhilai, District Durg, Chhattisgarh.
...Respondent(s) For Petitioner : Mr. Vaibhav Tiwari, Advocate. For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
23 .0 1 .202
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1. Heard Mr. Vaibhav Tiwari, learned counsel for the petitioner. Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.01.24 10:38:54 +0530
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2. The present petition has been filed by the petitioner with the following prayer:
“It is, therefore, prayed that this Hon’ble Court may be pleased to call for the records, if necessary, admit the petition and after hearing parties in the matter allow the present petition and quash the charge-sheet bearing No. 69 of 2021 dated 29.06.2021, pending before the Judicial Magistrate 1st Class, District Durg in RCC No. 4000 of 2021 arising out of FIR bearing No. 76 of 2021 dated 20.05.2021 registered at P.S. Bhilai Bhatti, District Durg for the offence punishable under Sections 354 & 354B of IPC and Section 4 of the Chhattisgarh Tonhi Pratadna Adhiniyam and the consequential criminal proceedings arising therefrom and to grant any other relief which the petitioner is entitled to.”
3.
Learned counsel for the petitioner submits that the charge-sheet has already been submitted against the petitioner before the competent Court on 29.06.2021 and thereafter, the petitioner had filed a discharge application, which was annexed as Annexure P/8 in the present petition. He further submits that the said application is pending disposal since 21.02.2023 because of prosecution has not filed any reply/objection to the discharge application.
4. On the other hand, learned State counsel does not controvert the above submission made by the learned counsel for the petitioner.
5. Considering the aforesaid facts and circumstances of the case that
3 the charge-sheet has already been submitted before the competent Court and the trial is in progress and further discharge application of the petitioner is also pending for disposal since 21.02.2023, therefore, at this stage, we are not inclined to interfere in the matter.
6. Accordingly, the instant petition is disposed off. However, we hope and trust that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of two weeks from the receipt of a certified copy of this order, in accordance with law, if there is no legal impediment. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan