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2025 DAILYLAW 54978 (CHH)

VARUN KUMAR MISHRA @ SHUBHAM v. STATE OF CHHATTISGARH

CRMP/87/2023 · 2025-07-16

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:33592-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 87 of 2023 1. Varun Kumar Mishra @ Shubham S/o Late Ganga Prasad Mishra Aged About 32 Years R/o Village-Bhulaikapura, Teleeyarganj, Thana-Shivkuti, District-Prayagraj (U.P.) 2. Dev Kumar Mishra S/o Late Ganga Prasad Mishra Aged About 32 Years R/o Village-Bhulaikapura, Teleeyarganj, Thana-Shivkuti, District-Prayagraj (U.P.) 3. Pradeep Kumar Shukla S/o Kaoushal Kumar Shukla Aged About 50 Years R/o Village-Umrapatti, Thana-Badhray, District-Pratapgarh (U.P.) 4. Shobha Shukla W/o Pradeep Kumar Shukla Aged About 48 Years R/o Village-Umrapatti, Thana-Badhray, District Pratapgarh (U.P.) 5. Amrawati Mishra W/o Late Ganga Prasad Mishra Aged About 77 Years (Wrongly Mentioned As 48 Years In The Fir), R/o Village- Bhulaikapura, Teleeyarganj, Thana-Shivkuti, District Prayagraj (U.P.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Station House Officer, Police Station, Sarkanda, District-Bilaspur (C.G.) 2. Smt. Chetna Mishra W/o Varun Kumar Mishra R/o C/o Shri Ashok Pandey, Vivekanand Nagar, Plot No. 272-B, Mopka, P.S.- Sarkanda, District-Bilaspur (C.G.) ...Respondent(s) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.17 17:57:40 +0530 2 For Petitioners : Mr. Jitendra Shukla, Advocate. For Respondent/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 17.07.2025 1. Heard Mr. Jitendra Shukla, learned counsel for the petitioners. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayer: “It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to set-aside/quash the impugned FIR No. 818 of 2019 registered at Police Station Sarkanda, District Bilaspur, Final Report and entire criminal proceedings pending against the petitioners in Criminal Case No. 4295 of 2022 before the learned Judicial Magistrate First Class, Bilaspur (C.G.) for the offences punishable under Sections 498-A, 506, 323, 34 of Indian Penal Code, in the interest of justice accordingly.” 3. Learned counsel for the petitioners submits that though the present CRMP has been filed for quashing of the FIR, charge-sheet and entire 3 criminal proceeding, but in the present case, charges had already been framed by the learned trial Court against the petitioners, therefore, he prays that the present petition be dismissed as withdrawn with the liberty to challenge the same. 4. Prayer is allowed. 5. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the liberty to the petitioner to take recourse to law before the appropriate forum, if so advised. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan