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2025 DAILYLAW 48655 (CHH)

GARIMA DHUPPAD v. STATE OF CHHATTISGARH

CRMP/3196/2025 · 2025-10-26

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:52104-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3196 of 2025 Garima Dhuppad D/o Shri Balkishan Dhuppad Aged About 38 Years R/o- Abhi Nandan House, Punjab Colony, Katora Talab, Raipur, Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Mana Camp, District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Muskaan Fatwani, Advocate For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 27.10.2025 1. Heard Ms. Muskaan Fatwani, learned counsel for the petitioner. Also heard Ms. Soumya Sharma, learned Panel Lawyer for the respondent / State. 2. The petitioner has filed this petition praying for following relief:- MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.10.28 10:37:25 +0530 2 “(1) Call for the records of Criminal Case No. 3521/2021 (State of Chhattisgarh vs. Garima Dhuppad & Another), pending before the learned Judicial Magistrate First Class, Raipur, arising out of Crime No. 37/2021 registered at Police Station Mana Camp, Raipur; (2) Quash the FIR bearing Crime No. 37/2021 registered at Police Station Mana Camp, Raipur, and quash the charge sheet filed thereunder, as far as it pertains to the Petitioner (Accused No. 2, Dr. Garima Dhuppad), for being manifestly erroneous and an abuse of process of law; (3) Quash the order dated 24.03.2021 passed by the CJM, Raipur vide which the court has took cognizance and issued summon against the petitioner for offence under sec 304 Part A of the IPC, along with sequential order sheets; (4) Quash and set aside the impugned order dated 16.12.2024 passed by the learned Judicial Magistrate First Class, Raipur, whereby the Petitioner's application under Section 239 CrPC for discharge was rejected; (5)Quash and set aside the impugned order dated 21.05.2025 12th passed by the learned Additional Sessions Judge, Raipur, in Criminal Revision No. 71/2025, affirming the order dated 16.12.2024 passed by the JMFC; (6) Consequently, discharge the Petitioner (Accused No. 2) from all further criminal proceedings in Criminal Case No. 3521/2021 pending before the learned JMFC, Raipur; (7) Pass any such other or further orders as this Hon'ble Court may deem fit, proper and just in the interest of justice. This Hon'ble Court be further pleased to pass such other orders as it may deem fit under the facts and circumstances of the case, in 3 favour of the petitioner.” 3. From perusal of the relief clause as well as the entire petition goes to show that the Sections pertaining to the offences levelled against the petitioner have been wrongly mentioned which needs to be corrected. 4. In view of the same, learned counsel for the petitioner prays to withdraw the present petition, with liberty to file afresh a better constituted petition with correct particulars. 5. Accordingly, this petition is dismissed as withdrawn, with liberty to file petition afresh a better constituted petition with correct particulars. 6. 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. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet