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2025 DAILYLAW 53399 (CHH)

LAIK MOHAMMAD v. STATE OF CHHATTISGARH

CRMP/2629/2025 · 2025-08-21

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:42627-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2629 of 2025 Laik Mohammad S/o Nazir Mohammad Aged About 50 Years R/o Ward No. 11 Purani Basti, Katghora, Police Station Katghora District- Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Katghora, District- Korba (C.G.) 2 - Mohammad Shahid S/o Shakur Mohammad Aged About 54 Years R/o Ward No. 11, Purani Basti, Katghora, Police Station Katghora District- Korba (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Vikas Kumar Pandey, Advocate For Respondent/State : Mr. Swajeet Singh, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 22/08/2025 1. The instant CRMP has been filed under Section 528 of the BNSS JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.23 13:14:08 +0530 2 for quashment of charge sheet arising out of crime No. 4494/2025 registered at Police Station Katghora District Korba C.G. and also the order dated 07.07.2025 passed by learned Judicial Magistrate First Class, Katghora, whereby the charges has been framed under Section 296, 351 (2) and 115 (2) of the BNSS. 2. Facts of the case is that on 23/6/2025 the respondent No.2 lodged a report against the petitioner alleging therein that when on 22/6/2025 at about 9.00 pm while the complainant was offering prayers at that time the petitioner came and abused him in the name of mother and sister and also assaulted him with hand & fist and as a result of which he sustained injuries. Based on the same, the FIR was registered against the petitioner. 3. Learned counsel for the petitioner would submit that he has been falsely implicated in the present case and the present case is just a counter blast of the FIR lodged by the petitioner against the respondent No. 2. In fact, the respondent No.2 has abused and assaulted the petitioner on the fateful day. He further submits that present FIR has been lodged just to harass the petitioner and the FIR do not disclose any cognizable offence and prays for quashment of the charge sheet and the further proceedings. 4. Per Contra, learned State counsel would oppose the submission made by the learned counsel for the petitioner. He would submit that in the case in hand, the charge-sheet has already been filed 3 before the concerned competent court and charges has been already framed hence, the charge sheet cannot be quashed at this juncture. 5. We have heard learned counsel for the parties and perused the documents. 6. Prima-facie, this Court found that the petitioner has come up before this Court for quashment of charge sheet. From bare perusal of the pleadings and the documents, it is evident that the petitioner and the complainant had a quarrel in the community meeting and counter report has also been made against each other in respect of the same incident. It is further noted that the charge sheet has already been filed and the charges has been framed, at this stage, this court is not in a position to analyse the facts which has been concluded during the investigation and the statement needs to be recorded, as such, this Court does not find any good ground to quash the charge sheet. However, it is obligatory that the trial be brought to a logical end expeditiously. 7. In that view of the matter, the CRMP is disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti