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2025 DAILYLAW 51015 (CHH)

JAMAL ISLAM v. STATE OF CHHATTISGARH

CRMP/3046/2025 · 2025-10-06

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:49734-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3046 of 2025 Jamal Islam S/o Sirajul Islam Aged About 38 Years R/o Village- Joypool, Pashchim Para, P.S. Dattapukur, District- North 24 Paragana, West Bengal ... Petitioner versus 1 - State of Chhattisgarh Through Police Station- Narayanpur, District- Narayanpur (C.G) 2 - Bhupendra Negi S/o Kailash Negi Aged About 32 Years R/o Singoditarai, Ward No. 5, District- Narayanpur (C.G.) ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Sushil Dubey, Advocate For Respondent /State : Mr. Shakib Ahmed, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 07.10.2025 1. Heard Mr. Sushil Dubey, learned counsel for the petitioner as well as Mr. Shakib Ahmed, learned Panel Lawyer, appearing for the State/respondent No.1 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 following prayers :- “In the light of the fact and circumstances of the case, it is therefore prayed that this Hon'ble Court may kindly be pleased to call for the record pertaining to the case of the petitioner and further to quash/set aside the FIR bearing No. 25/2025 dated 03.04.2025 for the offence punishable under s. s. 318 (4), 336 (3), 338 BNS 2023 and 66D of 1.T. Act registered by the Police of Police Station Narayanpur District Narayanpur against the Petitioner as well as the chargesheet dated 29.06.2025 submitted by the concerned police before the competent Court of Chief Judicial Magistrate Narayanpur District - Narayanpur (CG) in the interest of justice.” 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offences has been taken by the competent Court and the petitioner has only prayed for quashing of the FIR as well as the final charge-sheet and criminal case pending before the trial Court but, the petitioner has not challenged the order taking cognizance, which goes to show that the prayers drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayers are defective one. 4. 4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.2,000/- as cost by the petitioner in the Registry of this Court and the same shall be transmitted to the 3 Special School for Intellectually Handicapped Girls, District – Narayanpur (C.G.). 5. Certified copy of the charge-sheet shall be returned back to the petitioner after retaining photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra