Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20588-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1537 of 2025 Dilip Kumar Virwani S/o Shri Ghansyam Das Virwani Aged About 50 Years R/o Aacharya Kriplani, Ward Kereen Line, Murwara, Distt, Katni (M.P.)
... Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Gandhinagar, Sarguja District Ambikapur (C.G.)
... Respondent(s) For Petitioner(s) : Mr.Shailendra Dubey, Advocate For Respondent(s) : Mr.Swajit Ubeja, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Hon'ble
Mr. Arvind Kumar Verma, Judge
Order on Board Per Ramesh Sinha, Chief Justice 6.5.2025
1. Heard Mr.Shailendra Dubey, learned counsel for the petitioner as well as Mr.Swajit Ubeja, learned Panel Lawyer appearing for the respondent/State. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.05.06 17:33:51 +0530
2 following prayer :-
“It is therefore, respectfully prayed before the Hon'ble Court to be kind enough to allow this petition and to quash the F.I.R. and the entire criminal proceeding including the order dated 18.01.2022 issued by the learned trial court by which the permanent warrant of arrest and proclamation under section 299 Cr.P.C. was issued against the petitioner in connection with the Crime no 336/2020, registered for the offences punishable under section 21 (c) of N.D.P.S Act, registered by the P.S. Gandhinagar, Sarguja District Ambikapur (C.G.). If any other order that may be deemed fit and just based on the facts and circumstances of the case may also kindly be passed.”
3. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioner has prayed for quashing of the First Information Report and the entire criminal proceeding including the order dated 18.01.2022 issued by the learned trial court by which the permanent warrant of arrest and proclamation under section 299 Cr.P.C. issued against the petitioner in connection with Crime No.336/2020 for offence punishable under Section 21 (c) of the N.D.P.S Act, registered by Police Station Gandhinagar, Sarguja District Ambikapur (C.G.), but there are several defects in the present petition, which goes to show that the petition drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the
3 Court, as such, in the opinion of this Court, the petition 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.2,000/- as cost by the petitioner in the Registry of this Court within a period of one week from today and the same shall be transmitted to the Government Special School for Intellectually Retarded Girls, Gangapur, Ambikapur, District Surguja (CG). 5. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioner after retaining the photocopies of the same. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Bablu