Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:567-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3529 of 2024 1 - Kamran Ahmed S/o Iliyas Ahmed Aged About 27 Years R/o Vila No.67, Salasar Greens Sarona Police Station D.D. Nagar District - Raipur (C.G.) (On Bail) 2 - Nikhat Yasmin W/o Ilyas Ahmed Aged About 51 Years R/o Vila No.67, Salasar Greens Sarona Police Station D.D. Nagar District - Raipur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer Mahila Police Thana Raipur (C.G.) (Respondents Prosecution) 2 - Mafiya Khatun W/o Kamran Ahmed D/o Sheikh Muktar Ali Aged About 24 Years R/o House No. 629 Mig - 2 Sector - 2 D.D. Nagar Police Station D.D. Nagar Raipur (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Judgment on Board Per
Ramesh Sinha,
Chief Justice
06.01.2025
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1. Heard Mr. Syed Afaque Hussain Rizvi, learned counsel for the petitioners. Also heard Mr. Hariom Rai, learned Government Advocate for the respondent No.1 / State. 2. The petitioner has filed this petition praying for following relief:-
“(i) allow the instant petition, (ii) quash the FIR No.88/2024 dated 1/09/2024 under Sections 498A, 34 of IPC registered at Mahila Police Thana, Raipur and chargesheet (Ann. P-1) and further proceeding arising out of it in Cr.Case No.18184/2024 (Ann.P-2) in the Court of Judicial Magistrate First Class, Raipur (C.G.) (iii) discharge the petitioners from the offence punishable under Section 498A/34 of IPC in the interest of justice.”
3. From perusal of the relief prayed for in the present petition, it transpires that the same is a defective one as the counsel for the petitioner has not mentioned the particulars of the charge-sheet with respect to the date of filing of the charge-sheet along with the charge-sheet Number. Further, the order taking cognizance has also not been challenged in the present petition and he has only drafted a vague and sketchy prayer. 4. In view of the same, learned counsel for the petitioner prays to withdraw the present petition, with liberty to file afresh with appropriate prayer and pleadings. 5.
Accordingly, this petition is dismissed as withdrawn, with liberty to file petition afresh with appropriate prayer and pleadings, subject to depositing a sum of Rs.1,000/- as cost by the petitioner in the Registry of this Court within a period of one week from
3 today, and the same shall be transmitted to the Children Observation Home, Bilaspur. 6. Learned Panel Lawyer appearing for respondent No.1 / State is present. 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, subject to deposit of the fine amount. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet