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2025 DAILYLAW 45755 (CHH)

XYZ v. STATE OF CHHATTISGARH

WPCR/68/2025 · 2025-02-03

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:5961-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 68 of 2025 1 - XYZ address- nil ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Ministry Of Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - Superintendent Of Police Janjgir, District : Janjgir-Champa, Chhattisgarh 3 - Station House Officer Police Station Baloda, District : Janjgir-Champa, Chhattisgarh 4 - Udyanchal Giri @ Uday S/o Suraj Giri Aged About 22 Years R/o Village Kurma, Police Station Baloda, District : Janjgir-Champa, Chhattisgarh 5 - Himanchal Giri S/o Suraj Giri Aged About 22 Years R/o Village Kurma, Police Station Baloda, District : Janjgir-Champa, Chhattisgarh 6 - Kalam Bharti S/o Chandrika Aged About 42 Years R/o Village Kurma, Police Station Baloda, District : Janjgir-Champa, Chhattisgarh 7 - Shaila Bharti W/o Kalam Bharti Aged About 36 Years R/o Village Kurma, Police Station Baloda, District : Janjgir-Champa, Chhattisgarh 2 8 - Golu S/o Rambachay Yadav Aged About 30 Years R/o Village Katara, Police Station Baloda, District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. N. K. Chatterjee, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 03/02/2025 1. Heard Mr. N. K. Chatterjee, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Dy. Advocate General, appearing for the Respondent/State. 2. The present writ petition has been filed by the petitioner with the following prayer: "10.1 That, this Hon'ble Court may kindly be pleased to direct the police authorities to direct the concerned police station to register the FIR for the offence under Section 363, 366, 376 of IPC and also the POCSO Act against the private respondents and arrested them. 10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate." 3. At the time of hearing, this Court has observed that the petitioner has filed the present petition without appropriate pleading and appears to be no such averments made in the present petition. Moreover, the prayer which has been made in the present petition is also defective one as the FIR was registered under the B.N.S. 3 2023 Act but the prayer which has been made is the offence under the IPC. 4. At this stage, learned counsel for the petitioner prayed for withdrawal of the petition with liberty to file the petition afresh with appropriate pleading and prayer. 5. In view of the above, the present petition is accordingly dismissed as withdrawn with the liberty to file afresh making proper prayer and due averment regarding the details of the offence. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.02.04 17:41:27 +0530