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2025 DAILYLAW 5376 (CHH)

KANHAIYA LAL AGARWAL v. STATE OF CHHATTISGARH

CRMP/327/2025 · 2025-01-28

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:4849-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 327 of 2025 1. Kanhaiya Lal Agarwal S/o Gugan Ram Agrawal Aged About 66 Years Cast - Agrawal R/o Bhaiyathan Road, Surajpur, P.S. And Tahsil Surajpur Distt - Surajpur Chhattisgarh 2. Sandeep Agarwal S/o Kanhaiya Lal Agrawal Aged About 36 Years Cast - Agrawal R/o Bhaiyathan Road, Surajpur, P.S. And Tahsil Surajpur Distt - Surajpur Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through Station House OfÏcer, Police Station Ambikapur Dehat Gandhinagar Distt - Surguja Chhattisgarh 2. Bhola Prasad Kurey S/o Late Sonsai Kurey Aged About 42 Years R/o M.G. Road Ambikapur Distt - Surguja Chhattisgarh ...Respondent(s) For Petitioners : Mr. A.N. Pandey, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.01.29 10:28:15 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 28.01.2025 1. Heard Mr. A.N. Pandey, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayer: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition and quashed the FIR No. 715 of 2024 registered at Police Station Ambikapur, Dehat – Gandhinagar, District Surguja (C.G.) in respect of present petitioners and consequently quashed the entire, if any, criminal proceeding in respect of Crime No. 715 of 2024 registered at Police Station Ambikapur, Dehat – Gandhinagar, District Surguja (C.G.), in the interest of justice.” 3. On perusal of the prayer in the present petition, it transpires that the present petition is drafted with the prayer which is defective one, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer as there is no mention of the offences under 3 which the impugned FIR has been lodged against the petitioners, to which learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer. 4. Learned State counsel has no objection. 5. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioners in the Registry of this Court within a period of one week from today and the said amount shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur. 6. Copy of the impugned FIR and other documents may be returned back to the petitioners after retaining a photocopy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan