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2025 DAILYLAW 47518 (CHH)

LEKHRAJ TANDEKAR v. STATE OF CHHATTISGARH

WPCR/570/2025 · 2025-11-06

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:54317-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 570 of 2025 Lekhraj Tandekar S/o P.R. Tandekar Aged About 32 Years R/o Gali No. R/2 Bashera Colony, Bhartiya Nagar, Police Station- Civil Line, District- Bilaspur (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary, Department Of Home/police, Mahanadi, Mantralaya, Police Station- Rakhi, Atal Nagar, New Raipur, District- Raipur (C.G.) 2. Superintendent Of Police Bilaspur, District- Bilaspur (C.G.) 3. Station House Officer Police Station- Takhatpur, District- Bilaspur (C.G.) 4. Abc (Details Closed Envelop In Page No. 113) ... Respondent(s) For Petitioner : Ms. Fouzia Mirza, Senior Advocate along with Mr. Ali Afzaal Mirza, Advocate For Respondents/ State: Mr. S.S. Baghel, Dy. G.A. For Respondent No. 4 : Mr. Lalit Jangde, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 07/11/2025 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.11.07 14:54:48 +0530 2 1. Heard Ms. Fouzia Mirza, Senior Advocate along with Mr. Ali Afzaal Mirza, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, Dy. G.A. for the respondent/ State and Mr. Lalit Jangde, 2. The petitioner has filed this petition praying for following relief:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record concerning the case of the petitioner from the possession of the respondent authorities for its kind perusal. 10.2 That this Hon'ble Court may kindly be please to quash the FIR bearing No. 281/2024, dated 10.06.2024 registered at Police Station - Takhatpur, District Bilaspur (C.G.) against the petitioner for the offence punishable U/s 376(2)(n) of IPC and also the entire challan bearing No. 300/2024 dated 09.08.2024 and supplementary challan bearing No. 300-A/2025 dated 03.03.2025 for the offences punishable U/s 376(2)(n) of IPC, thereafter the learned Judicial Magistrate First Class Takhatpur, District Bilaspur (C.G.) (Annexure P/1). 10.3 That this Hon'ble Court may kindly be please to quash the impugned order dated 12.08.2024 whereby the learned Judicial Magistrate First Class Takhatpur, District Bilaspur (C.G.) has taken cognizance of the impugned charge sheet and registered the criminal proceeding as criminal case no. 550/2024 parties "State of Chhattisgarh Vs. Lekhraj Tandekar" (Annexure-P/2). 10.3 That this Hon'ble Court may kindly be please to quash the impugned order dated 11.09.2025 whereby the learned Additional Session Judge (FTC) Bilaspur (C.G.) has framed the charges against the present petitioner for the offence punishable U/s 376(2)(n) of I.P.C. and registered the Session Case No. 170/2025 parties "State of Chhattisgarh Vs. Lekhraj Tandekar" (Annexure-P/2). 10.3 Any other relief or relief(s) which this Hon'ble Court may deem fit or proper in the facts and 3 circumstances of the case.” 3. At the very outset, learned counsel for the parties jointly submit that though they have entered into oral compromise but have not entered into any written compromise. They further submit that there is matrimonial dispute between the parties and pray to withdraw the instant petition with liberty to file a fresh along with written compromise at an appropriate stage. 4. In view of the aforesaid, the present petition is dismissed as withdrawn with the aforesaid liberty. 5. Certified copies of the documents, if any, may be returned to the parties after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti