Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4848-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 325 of 2025 Ramesh Singh S/o Sohan Singh Aged About 22 Years R/o Barwad Garden, P.O. - Sarol, District- Rajasmad (Rajasthan) Presently R/o Balouda, P.S.- Balouda, District- Janjgir-Champa (C.G.)
... Petitioner(s) versus State of Chhattisgarh P.S.- Balouda, Distt.- Janjgir-Champa (C.G.)
...Respondent(s) For Petitioner : Mr. Rajesh Kumar Kesharwani, Advocate. For Respondent/State : Mr. Hariom Rai, Panel Lawyer. 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. Rajesh Kumar Kesharwani, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for the respondent/State. 2. The present petition has been filed by the petitioner with the following prayer: BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.01.28 18:59:02 +0530
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“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash the criminal proceedings and charge-sheet in criminal case bearing Sessions Trial No. 119 of 2024 which is pending before the Court of 3rd Additional Sessions Judge, (FTC), Janjgir- Champa, to secure the ends of justice.”
3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioners and the cognizance of the offence has been taken by the learned trial Court and the petitioners has prayed for quashing of the charge-sheet and the proceedings pending before the trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioner have not prayed for quashing of the FIR, order taking cognizance of the offences by the trial Court as well as there is no mention of the date and offence on which the charge-sheet has been submitted against the petitioner, which goes to show that the prayer has been drafted in a very casual manner, to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer and the entire order-sheet of the trial Court. 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 petitioner in the Registry of this Court within a period of one
3 week from today and the said amount shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur. 6. Certified copy of the impugned charge-sheet, FIR and other documents may be returned back to the petitioner after retaining a photocopy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan