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2025 DAILYLAW 4995 (CHH)

PREM KUMAR NIRALA v. STATE OF CHHATTISGARH

CRMP/271/2019 · 2025-08-31

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:44269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 271 of 2019 Prem Kumar Nirala S/o Ashwani Kumar Nirala Aged About 29 Years R/o Villaage Hardi, Post Dhangaon, P. S. Bilaigarh, District Baloda Bazar- Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh Petitioner(s) versus 1 - State Of Chhattisgarh Through Suprintendent Of Police, District Baloda Bazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh 2 - Pratibha Burman D/o Gangadhar Aged About 17 Years (Since Minor) Through Smt. Firtin Bai W/o Gojo Burman, Aged About 64 Years R/o Villaage Dhobnidih, P. S. Bilaigarh, District Baloda Bazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Akash Pandey, Advocate For State : Mr. Shailendra Sharma, PL For Respondent No.2. : Mr. Satya Prakash Verma, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 01/09/2025 RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.09.02 10:36:09 +0530 2 1. The present petition, filed under Section 482 of the Code of Criminal Procedure, has been preferred by the petitioner seeking quashment of the FIR dated 27.07.2017 lodged by respondent No.2, the charge-sheet filed in Crime No. 291/2017, as well as the charges framed vide charge memo dated 10.01.2019 in Special Criminal Case (POCSO) No. 21/2018, which is presently pending before the learned I Additional Sessions Judge (FTC), Baloda-Bazaar 2. At the very outset, learned counsel for the State pointed out that co- accused Anil Kumar Khunte has filed a Criminal Revision No. 91/2019, challenging the charge framing order dated 06/10/2018 and the said revision has been dismissed by the learned Single Judge of this Court vide order dated 09/07/2021. So far as, the petitioner is concerned, it has been contended that he was absconding and the charges against him have been framed on 10/01/2019, which is the subject matter in this petition. 3. In view of the above, learned counsel for the petitioner seeks permission of this Court to withdraw the instant CRMP with liberty to file appropriate application, if cause of action still survive. 4. Accordingly, this CRMP is dismissed as withdrawn with the aforesaid liberty granted in favour of the petitioner. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/Gowri