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2025 DAILYLAW 49350 (CHH)

SMT. MAMTA JAYASWAL v. STATE OF CHHATTISGARH

CRMP/3379/2025 · 2025-11-10

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:54764-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3379 of 2025 Smt. Mamta Jayaswal W/o Shri Shyamlal Jayaswal Aged About 34 Years R/o Balgi (Lata), Jamunipali Main Road Near Police Station Banki- Mongra, District Korba (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Officer In Charge Police Of Police Station Banki-Mongra Korba District Korba (C.G.) 2. Smt. Anjali Sahu W/o Shri Suresh Sahu Aged About 23 Years R/o Jawali, Police Station Banki-Mongra, District- Korba (C.G.) ... Respondent(s) For Petitioner : Mr. Ashutosh Shukla, Advocate For Respondents/ State: Mr. Shailendra Sharma, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 11/11/2025 1. Heard Mr. Ashutosh Shukla, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the respondent/ State. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.11.12 10:20:33 +0530 2 2. The petitioner has filed this petition praying for following relief:- “1. That the Hon'ble Court may be pleased to allow the Present petition CRMP and may quash the impugned Chargesheet Along with FIR dated 06.08.2024 & Charge dt 09.10.2025 filed against the petitioner in police station Banki-Mongra Korba (C.G) in connection with Crime No 127/2024 U/s 420,34 of IPC as Criminal Case No 2837/2024 pending before JMFC Raipur (C.G) and the Cognizance taken on dated 15.10.2024 by Learned JMFC Katghora District Korba (C.G). 2. That the Hon'ble court may Quash the Chargesheet & FIR and Discharge the present applicant. 3. That the Hon'ble court may call for the entire records for its kind perusal. 4. That this Hon'ble Court may be pleased to pass any other order as it may deem fit in the interest of justice.” 3. At the time of hearing, pointed query was made to learned counsel for the petitioner that whether charges have been framed, to which he states that charges have been framed but the same has not been challenged in the present petition. 4. Thus the present petition is without appropriate prayer which is defective one as the charge framing order has not been challenged, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer, counsel for the petitioner seeks permission of this Court to withdraw the present 3 petition with liberty to file afresh. 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 the aforesaid 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 fo the court and the said amount shall be transmitted to the Government Multi-Disabled Home, Village Pendri, District- Janjgir- Champa (C.G.). 7. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner/ State after obtaining the photocopy of the same. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti