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2025 DAILYLAW 48666 (CHH)

JITENDRA TAMRAKAR v. STATE OF CHHATTISGARH

CRMP/3494/2025 · 2025-11-20

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:56705-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3494 of 2025 1 - Jitendra Tamrakar S/o Bhagwat Prasad Tamrakar Aged About 36 Years (Devangan Wrongly Mentioned), R/o Ward No. 13 Tamer Para, Dhamdha, P.S.- Dhamdha, Distt.- Durg (C.G.) 2 - Bhagwat Prasad Tamrakar S/o Late Shri Shyamlal Tamrakar Aged About 70 Years R/o Ward No. 13 Tamer Para, Dhamdha, P.S.- Dhamdha, Distt.- Durg (C.G.) 3 - Asha Tamrakar W/o Bhagwat Tamrakar Aged About 67 Years R/o Ward No. 13 Tamer Para, Dhamdha, P.S.- Dhamdha, Distt.- Durg (C.G.) 4 - Raghvendra Tamrakar S/o Bhagwat Tamrakar Aged About 35 Years R/o Ward No. 13 Tamer Para, Dhamdha, P.S.- Dhamdha, Distt.- Durg (C.G.) 5 - Sunidhi Tamrakar W/o Raghvendra Tamrakar Aged About 32 Years R/o Ward No. 13 Tamer Para, Dhamdha, P.S.- Dhamdha, Distt.- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Mahila Thana, Bhilai, Distt.- Durg (C.G.) 2 - Smt. Apurva Mishra W/o Dr. Jitendra Tamarkar Aged About 21 Years R/o Village- Chandkhuri, Sai Nagar, Durg, Distt.- Durg (C.G.) (Complainant) ... Respondent(s) MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.22 11:55:52 +0530 2 For Petitioner(s) : Mr. Sumit Singh, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer 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 Mr. Sumit Singh, learned counsel for petitioners. Also heard Mr. Malay Jain, learned Panel Lawyer for the respondent No.1 / State. 2. The petitioners have filed the present petition, praying for following relief:- “It is therefore, prayed that this Hon'ble Court may graciously be pleased to allow the Petition and quash the FIR No. 19/2021 dated 04.02.2021 registered at Police Station Mahila Thana, Dist. Durg (C.G.) for offence under Section 498-A and 34 of IPC and charge sheet No. 60/2021 arising out of crime no. 19/2021 under Section 498-A and 34 of IPC filed against the Petitioners and also the order dated 23.10.2021 wherein the Ld. Judicial Magistrate First Class, Durg (C.G.) has taken cognizance of the matter under Section 498-A and 34 of IPC as Criminal case no. RCC/9123/2021, in the interest of justice.” 3. Learned counsel for the petitioner prays to withdraw the present petition with liberty to file afresh stating that some defective pleadings have been made in the present petition. 4. Accordingly, this petition is dismissed as withdrawn, with liberty 3 to file petition afresh with appropriate prayer and pleadings, subject to depositing a sum of Rs.10,000/- as cost by the petitioners in the Registry of this Court and the same shall be transmitted to the Government Specialized Adoption Agecy, Gariyaband (C.G.) for wasting the precious time of the Court. 5. Learned Panel Lawyer appearing for respondent No.1 / State is present. 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, subject to deposit of the fine amount. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet