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2025 DAILYLAW 48954 (CHH)

AARTI BAHAL v. STATE OF CHHATTISGARH

CRMP/3210/2025 · 2025-10-26

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:52107-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3210 of 2025 1. Aarti Bahal W/o Late Bharat Bahal Aged About 60 Years R/o C-203, Phase - I, Lake Florence, Lake Homes, Pawai, Mumbai – 400076. 2. Sarag Bahal S/o Late Bharat Bahal Aged About 28 Years R/o C-203, Phase - I, Lake Florence, Lake Homes, Pawai, Mumbai – 400076. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Station House Officer, P.S. Ramanujganj District - Balrampur Ramanujganj, Chhattisgarh. 2. Simran Bahal W/o Sagar Bahal Aged About 28 Years D/o Sanjay Kesri, R/o Presently Residing At Ward No. 11, Lucky Enterprises, Ramanujganj, P.S. Ramanujganj, District - Balrampur Ramanujganj, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Sushobhit Singh, Advocate For Respondents/ State: Mr. Hariom Rai, 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 Mr. Sushobhit Singh, learned counsel for the petitioner. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.10.28 12:02:48 +0530 2 Also heard Mr. Hariom Rai, learned Panel Lawyer for the respondents/ State. 2. The petitioner has filed this petition praying for following Prayer:- “I. That this Hon'ble Court may kindly be pleased to quash the impugned FIR dated 17/05/25 bearing Crime No.76/2025 registered at P.S. Ramanujganj District Balrampur, Ramanujganj. II. That the Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 24/08/25 bearing No.107/2025. III. That the Hon'ble Court may kindly be pleased to quash/set aside the impugned criminal proceedings bearing Cr.Case No.1842/2025 and the order dated 28/08/25 whereby the cognizance has been taken by the Learned Court of CJM Balrampur District Balrampur Ramanujganj (C.G.). petitioner prays for quashment of the order dated 28/08/25 and the petitioner further prays for the quashment of entire criminal proceedings in Cr.Case No.1842/2025 between the parties State Vs. Sagar Bahal & Ors. Copy of the FIR bearing Crime No.76/2025 and copy of charge sheet bearing No.107/2025 and the copies of the entire criminal proceedings in Cr.Case No.1842/2025 pending before the Court of CJM 3 Balrampur District Balrampur Ramanujganj (C.G.) is already annexed above as Annexure P/1, in the interest of justice.” 3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and cognizance of the offence has been taken by the learned trial Court. The petitioner has prayed for quashing of the FIR, charge-sheet, and the proceedings pending before the learned trial Court. However, in the opinion of this Court, the prayer is defective as the offence under which the FIR has been lodged is not mentioned, which shows that the prayer drafted by learned counsel for the petitioner is in a casual manner. 4. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition. 5. Learned State counsel has no objection. 6. 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. 2,000/- 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 at the time of filing of the fresh petition, if any. The said amount shall be transmitted to the Special School for intellectually 4 Handicapped Girls, District Narayanpur C.G. 7. 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