Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:61408-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3809 of 2025 Kanhaiyalal Yadav S/o Late Shri Latel Ram Yadav Aged About 49 Years R/o Ward No. 7, Bhogahapara, Shivrinarayan, Police Station And Tahsil- Shivrinarayan, District- Janjgir-Champa C.G.
... Petitioner versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Shivrinarayan, District- Janjgir-Champa C.G. 2 - Deepak Paliwal S/o Sharad Kumar Paliwal Aged About 45 Years President of Takshila Education Society, Village- Tusma, Infront of C.S.E.B. Office, Tahsil Shivrinarayan, District Janjgir-Champa C.G.
... Respondents For Petitioner : Mr. Malay Shrivastava, Advocate For Respondent No.1/State : Mr. Soumya Sharma, Panel Lawyer Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri
Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha,
Chief Justice
17.12.2025
1. Heard Mr. Malay Shrivastava, learned counsel for the petitioner as well as Ms. Soumya Sharma, learned Panel Lawyer, appearing for the State/respondent No.1.
2. The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) has been filed by the petitioners with the following prayers :- ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA
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“It is therefore prayed that, this Hon’ble Court may kindly be pleased to quash the First Information Report No. 505/2025 dated 09/11/2025 registered at Police Station – Shivrinarayan, District – Janjgir-Champa (C.G.) for the commission of offence which is punishable under Section 324(5) of the Bhartiya Nyaya Sanhita, 2023, in the interest of justice.”
3.
Learned counsel for the petitioner vehemently argued that though the offence which has been registered against the petitioner is bailable one under Section 324(5) of the Bhartiya Nyaya Sanhita, 2023, but inspite of the said fact, the police is calling upon the petitioner at the police station for implicating him on the non- bailable offence. He further states that some of the family members have been made to sit in the police station.
4. There is no averments to the said effect.
5. At this juncture, learned counsel for the petitioner submits that he wants to withdraw the instant petition with liberty to file afresh with proper averments.
6. Accordingly, the instant petition is dismissed as withdrawn with liberty as prayed for. Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra