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2025 DAILYLAW 48428 (CHH)

PRAVEEN MASIH v. STATE OF CHHATTISGARH

CRMP/3530/2025 · 2025-11-20

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:56713-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3530 of 2025 Praveen Masih S/o Late Shri Premdayal Masih Aged About 41 Years R/o Rajgharana Colony, Uslapur, Police Station- Sakari, District- Bilaspur (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through- Station House Office, Police Station- Sirgitti, District- Bilaspur (C.G.) 2. Smt. Marry Anjana Toppo (Now Died) (As Per Order Of Honble Court Dated 28-04-2023, Her Name Was Deleted) (Died On 13-04-2021 During Corona Period) ... Respondent(s) For Petitioner : Ms. Sofia Khan, Advocate For Respondents/ State: Mr. S.S. Baghel, Dy. G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 21/11/2025 1. Heard Ms. Sofia Khan, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Dy. G.A. for the respondents/ State. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.11.22 12:00:05 +0530 2 2. The petitioner has filed this petition praying for following Prayer:- “1. That, this Hon'ble Court may kindly be pleased to quash the impugned FIR dated 07-03-2020 bearing Crime No. 96/2020 registered at Police Station Sirgitti, District Bilaspur (C.G.) against the petitioner for the alleged offences under Sections 420, 467, 468 & 471 of the Indian Penal Code (Annexure P-1). 2. That, this Hon'ble Court may kindly be pleased to quash the impugned Final Report No. 131/2021 dated -7-09-2021 filed by Police Station Sirgitti, District Bilaspur (C.G.) against the petitioner for the alleged offences under Sections 420, 467, 468 & 471 of the Indian Penal Code (Annexure P-2). 3. That, this Hon'ble Court may kindly be pleased to quash the charge framed against the petitioner dated 07-01-2025 by the learned Judicial Magistrate First Class, Bilaspur, District Bilaspur (C.G.) in Criminal 2021 Case No. 3984/2022 for the offence under Sections 420, 467, 468 & 471 registered against the petitioner (Annexure P-3). 4. That, this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding bearing 2021 Criminal Case No. 3984/2021 pending before the 3 Court of learned Judicial Magistrate First Class, Bilaspur, District Bilaspur (C.G.) (Annexure P-4).” 3. Upon a pointed query made by this Court to the learned counsel for the petitioner regarding the status of the trial, it has been submitted that charges were framed on 07.01.2025 and the matter is presently at the stage of recording evidence; however, no witnesses are appearing before the Trial Court for their examination. On a further query as to whether the order-sheets of the Trial Court have been filed, the learned counsel submitted that only the order-sheet up to 07.01.2025 has been placed on record. 4. In the considered opinion of this Court, the prayer made in the present petition is defective inasmuch as the order framing charge has been challenged without filing the subsequent order-sheets after 07.01.2025. This reflects that the petition has been drafted in a casual manner. 5. At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file a fresh petition. 6. Learned State counsel has no objection. 7. In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty as prayed for, subject to depositing a sum of Rs. 5,000/- as cost by the petitioner in the Registry of this Court for wasting precious time of the court and producing the receipt of the same 4 at the time of filing of the fresh petition, if any. The said amount shall be transmitted to the Special School for intellectually Handicapped Girls, District Narayanpur C.G. 8. Certified copies of the documents, if any, may be returned to the petitioner after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti