1 2025:CGHC:3584-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 241 of 2025 1 - Dilip Kumar Yadav S/o Kripa Sindhu Yadav Aged About 39 Years R/o Gram Sutri, Post Rengle, Thana Bagicha, Jashpur, C.G. 2 - Deepak Yadav S/o Lt. Dashrath Yadav Aged About 32 Years R/o Gram Kutma Kachar, Thana Kurdeg, Jila Simdaga, Jharkhand. 3 - Ashok Yadav S/o Lt. Dudheswar Yadav Aged About 24 Years R/o Gram Belghutri, Thana Kunkuri, Distt. Jashpur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Superintendent Of Police Jashpur, District Jashpur, C.G. 2 - Station House Officer Police Station Bagicha, District Jashpur, C.G. 3 - Maniratan Singh Dev S/o Gopal Sharan Singh Dev Aged About 43 Years R/o Sutri Bagicha, District Jashpur, C.G. ... Respondent(s) For Petitioner(s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. S.S. Baghel, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 21.01.2025 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.01.21 18:04:00 +0530 2 1. Heard Mr. Awadh Tripathi, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Panel Lawyer for the respondent / State. 2. The petitioner has filed this petition with following prayer: “It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this petition and quash FIR dated 29.09.2019 in crime no. 130/2019, chargesheet of crime no. 130/2019 for an offence us. 307 of IPC and also quash of the cognizance taken by the learned Sessions judge, Distt. Jashpur (C.G.) on 12/11/2024 as well as further proceeding of sessions case no. 55/2024 pending before the court of learned Sessions judge, Distt. Jashpur (C.G.), in the interest of justice.” 3. Brief facts necessary for disposal of this case are that the complainant named Maniratan Singh Dev has lodged a report on 29.09.2019 at 5:35 pm with an averment that the present petitioner No. 1 with intention to kill has tried to crush the complainant with Bolero vehicle and at around 1 pm the complainant was going from home to Bagicha and when the complainant reached Salkhadand, the petitioner no. 1 has chased the complainant and after hitting, tried to hit the complainant again but the complainant somehow saved himself and complainant got injured on his both knee, hand and elbow and accordingly a report was lodged on dated 29.09.2019 under Section 307 of IPC 3 against the petitioner no. 1. On the report of Maniratan Singh Dev, an offence under Section 307 of IPC has been registered against the Dilip yadav as Crime No. 130/2019 and after due investigation, the chargesheet has been filed in Crime No. 130/2019 on 25.02.2021 and they are facing trial in which the charges have also been framed on 12.11.2024 registered as Criminal Case No. 55/2024 and the aforesaid trial has been pending before the learned Sessions Judge, Distt. Jashpur (C.G.). 4. Learned counsel for the petitioner submits that the allegation leveled against the petitioners are false and frivolous and is only to harass and humiliate the petitioners. From the material available on record just because the complainant has early enmity against the petitioners, so, he has lodged a report where the petitioner was not present at the spot as there are no eye witnesses and nor any vehicle is seized from the present petitioner. So, in any case the offence against the petitioners cannot be made out. A panchnama has been filed on dated 15.12.2019 where the Sarpanch along with other villagers have clearly stated that the complainant have lodged numerous report against others villagers including the present petitioners. Looking to the medical report of the complainant there are no injuries sustained which can lead to death as the injuries sustained are not ion the vital organs but majorly on hands, fist and knee and the injuries are not grievous in nature, so, offence under Section 307 of IPC is not made out. 4 5. Learned State Counsel opposes the prayer for quashing of the proceedings of Sessions Case No. 55/2024 pending before the Court of learned Sessions Judge, District- Jashpur (C.G.) and submits that since the charge-sheet has already been submitted in pursuance to the FIR and further, charges have already been framed against the petitioners, this petition has virtually become infructuous and as such, the same may be dismissed. 6. We have heard learned counsel for the parties and perused the documents appended with petition. 7. From perusal of the record, it transpires that the charge-sheet has already been filed in pursuance to the FIR registered by the complainant and charges have also been framed against the petitioners, as such, this Court does not find it appropriate to grant the relief sought for in the present petition by the petitioner as the charge-sheet prima facie discloses cognizable offences against the petitioners. Accordingly, this petition being devoid of merit is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet