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2025 DAILYLAW 50516 (CHH)

LOKESH HIRWANI v. STATE OF CHHATTISGARH

CRMP/3101/2025 · 2025-10-12

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:50782-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3101 of 2025 Lokesh Hirwani S/o Biselal Sahu Aged About 38 Years R/o Nayapara, Ward No.1, Durg, Tahsil And Dist- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Station House Officer, P.S. Durg Kotwali, District- Durg (C.G.) (In The Order Impugned The State Of C.G. Is Arrayed Through The District- Magistrate, Durg District- Durg (C.G.) 2 - Smt. Purnima Sahu W/o Santosh Sahu Aged About 38 Years R/o House No.391, Ward No.38, Behind Kabristan, Millpara, Near, Goura Choura, Ganjpara, Durg Tahsil And Dist- Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. M.P.S. Bhatia, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 13.10.2025 1. Heard Mr. M.P.S. Bhatia, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.10.14 11:20:36 +0530 2 respondent No.1 / State. 2. The petitioner has filed this petition praying for following relief:- “It is, therefore, most respectfully and humbly prayed that the Hon'ble High Court may most kindly be pleased to allow the petition and may quash the impugned F.I.R. dated 06.12.2018 relating to Crime No. 1066/2018 registered at P.S. Durg Kotwali, District Durg (C.G.) for offences u/S. 420, 201 of IPC against the applicant herein, ii) the impugned charge sheet on the basis of which Criminal Case No. 37798/2018 (State of C.G. vs. Lokesh Hirwani) is pending before the learned trial Court of JMFC Durg and iii) the order dated 06.03.2019 in above case by which charge has been framed as well as the entire proceedings in above case including the consequences (if any), in the interest of justice.” 3. Perusal of the petition goes to show that, the petition suffers from various defects, which are follows:- (a). Certified copy of the Annex. A/3 not filed with this petition as mentioned in the INDEX. (b). Court fees not affixed in affidavit. (c). Serial No. of Index has wrongly been mentioned. (d). Some portion of pages are faint/not easily readable of both set of petitions. 4. On a pointed query being made to the learned counsel for the petitioner as to why he has not cured the abovementioned defects and filed a defective prayer, he could not give any satisfactory reply to the same and wasted the precious time of this Court. 5. In view of the same, learned counsel for the petitioner prays to 3 withdraw the present petition with liberty to file afresh. 6. Accordingly, this petition is dismissed as withdrawn, with liberty to file petition afresh, subject to depositing a sum of Rs.5,000/- as cost by the petitioner in the Registry of this Court and the same shall be transmitted to the Government Home for Mentally Underdeveloped Children, Mana Camp, District- Raipur (C.G.), for wasting the precious time of this Court. 7. Learned Panel Lawyer appearing for respondent No.1 / State is present. 8. 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/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice Manpreet