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2025 DAILYLAW 49877 (CHH)

SHRI SURENDRA KUMAR SHRIVAS v. STATE OF CHHATTISGARH

CRMP/3192/2025 · 2025-10-16

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:51816-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3192 of 2025 Shri Surendra Kumar Shrivas S/o Late S.R. Shrivas Aged About 40 Years Posted As Sub Engineer At Municipal Corporation Raipur Zone No. 10, Distt - Raipur R/o Near Padmawati School, Gali No. - 4, Fafadih, Thana Ganj, District Raipur Chhattisgarh ... Petitioner(s) versus State of Chhattisgarh Through Station House Officer, Police Station - Mana Camp Raipur, Distt. - Raipur Chhattisgarh ...Respondent(s) For Petitioner : Ms. Smita Jha, Advocate. For Respondent/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 17.10.2025 1. Heard Ms. Smita Jha, learned counsel for the petitioner. Also heard Mr. Soumya Rai, learned Panel Lawyer, appearing for the respondent/State. 2. The present petition has been filed by the petitioner with the following prayer: BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.10.17 16:35:23 +0530 2 “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition and quash FIR dated 08.10.2025 (Annexure P/1) bearing FIR No. 0311 of 2025 offence under Sections 3(5), 303(2) of BNS of 2025, in the interest of justice.” 3. Learned State counsel submits that the present petition is not maintainable as the petitioner has failed to implead the complainant, who is a necessary party for proper adjudication, since the case has been registered on his complaint. 4. In view of the above, this Court is of the opinion that the petition has been filed in a casual manner without impleading the complainant as a party-respondent. At this stage, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file a fresh one after impleading the complainant as a respondent. 5. Learned State counsel has no objection to the said prayer. 6. Accordingly, the present petition is dismissed as withdrawn with liberty as prayed for, subject to the petitioner depositing a sum of Rs.2,000/- as costs before the Registry of this Court and producing the receipt of the same at the time of filing of any fresh petition. The amount so deposited shall be transmitted to the Government Disabled College, Mana Camp, Raipur (C.G.). 7. Certified copy of the FIR, if any, be returned to the petitioner after retaining photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan