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2025 DAILYLAW 51631 (CHH)

BIRAT CHANDRA DAGARA v. STATE OF CHHATTISGARH

CRMP/3605/2025 · 2025-11-25

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:57402-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3605 of 2025 Birat Chandra Dagara S/o Lt. Bishikesan Dagara Aged About 82 Years R/o Ward No. 15, Rairangpur Municipality, P.O./P.S. Rairangpur Town, District- Mayurbhanj, Odisha 757043 ... Petitioner versus 1 - State of Chhattisgarh Through Police Station- Tilda Nevra, District Raipur (C.G.) 2 - Pradeep Tiwari S/o Lt. Ramsharan Tiwari Aged About 65 Years Director, Shri Bajrang And Ispat Ltd., Having Its Registered Office At Tandwa, P.S. Tilda Nevra, District- Raipur (C.G.) ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. V.R. Tiwari, Senior Advocate assisted by Mr. Atul Kumar Kesharwani, Advocate For Respondent No.1/State : Mr. Malay Jain, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 26.11.2025 1. Heard Mr. V.R. Tiwari, learned Senior Advocate assisted by Mr.Atul Kumar Kesharwani, learned counsel for the petitioner as well as Mr. Malay Jain, 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 with the following reliefs :- “1) That, this Hon'ble Court may kindly be pleased to ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 allow the instant petition filed under section 528 of B.N.S.S. 2023 filed by the petitioners, in the interest of justice. 2) This Hon'ble Court may kindly be pleased to quash the impugned First Information Report No. 74/2025 registered with P.S. Tilda Nevra, District Raipur (C.G.) u/ss. 316(5), 318(4) of I.P.C. lodged against the petitioner and subsequent investigation by the respondent no. 01 pursuant to the impugned FIR. 3) Any other relief/reliefs which the Hon'ble may deem fit under the facts and circumstances of the case.” 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that though the petitioner has prayed for quashing of the FIR, but, he has not mentioned the date of FIR when it was registered, which goes to show that the prayer 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 prayer is 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.5,000/- as cost by the petitioners before the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government School for Visual and Hearing Impaired, Tifra, District – Bilaspur (C.G.). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra