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2025 DAILYLAW 47770 (CHH)

BHAVANA SINHA v. STATE OF CHHATTISGARH

CRMP/3194/2025 · 2025-10-26

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:52097-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3194 of 2025 Bhavana Sinha W/o Raju Sinha Aged About 25 Years R/o Near Om Kirana Stores, Road No. 12, Bajrang Para Kohka, Chowki- Smriti Nagar, District Durg, C.G. Present Address- C/o Gayaneshwar Sinha, Mamta Nagar, Gali No. 4, Rajnandgaon C.G. ... Petitioner(s) versus 1. State of Chhattisgarh Through Officer In Charge Police Station Supela, District- Durg C.G. 2. Kejulal Sinha S/o Late Kartik Ram Sinha Aged About 58 Years R/o Near Om Kirana Stores, Road No. 12, Bajrang Para Kohka, Smriti Nagar Police Station-Supela, District Durg, C.G. ...Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Love Kumar Ramteke, Advocate. For Respondent/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 27.10.2025 1. Heard Mr. Love Kumar Ramteke, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.10.27 17:27:53 +0530 2 2. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash the FIR No. 528/2025 dated 11.05.2025 lodged by Police Station Supela, charge-sheet No. 327 of 2025 dated 22.05.2025 and criminal case No. RCC/21535/2025 registered under Section 296, 351(3) BNS, 2023 by the Hon’ble Chief Judicial Magistrate, District Durg taking cognizance of the offence against the petitioner, the next hearing of which is on 18.09.2025, in the interest of justice.” 3. From the office note dated 16.09.2025, it is evident that in the present petition, the Registry had pointed out a defect to the effect that the petitioner had not filed a certified copy of the order passed in Criminal Case No. RCC/21535/2025. Furthermore, the learned State counsel submitted that the relief sought in the present petition is defective in nature, inasmuch as the charge-sheet has already been filed against the petitioner and the learned trial Court has taken cognizance of the offence. Despite this, the petitioner has prayed for quashing of the FIR, the charge-sheet, and the proceedings pending before the learned trial Court. This, in the considered opinion of this Court, indicates that the petition was filed in a casual manner. In these circumstances, learned counsel for the petitioner sought permission of this Court to withdraw the present petition, with liberty to file a fresh petition in accordance with law. 4. In view of the submission made by learned counsel for the 3 petitioner, the present petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh petition, as prayed for, in accordance with law. The aforesaid liberty is granted subject to the condition that the petitioner shall deposit a sum of Rs. 2,000/- as costs before the Registry of this Court. The receipt of such deposit shall be produced at the time of filing of the fresh petition, if any. The amount so deposited shall be transmitted to the Special School for Intellectually Handicapped Girls, District Narayanpur (C.G.). 5. Certified copies of the FIR, charge-sheet, and other documents, if any, shall be returned to the petitioner after retaining photocopies thereof for the record of this Court. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan