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2025 DAILYLAW 59281 (CHH)

AAKASH SINGHAL v. STATE OF CHHATTISGARH

CRMP/3565/2025 · 2025-11-23

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:56855-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3565 of 2025 Aakash Singhal S/o Shri Hansraj Singhal Aged About 40 Years R/o New Hig B/28, Deorikhurd Colony, P.S. Torwa, Tehsil And Distt. Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through District Magistrate, Raigarh, Distt. Raigarh, Chhattisgarh. 2. SHO P.S. Kharsiya, Distt. Raigarh, Chhattisgarh. 3. Amit Kumar Singh S/o Awadhesh Singh Aged About 38 Years Worked As Manager Of Jai Ambe Roadlines Pvt. Ltd. Udna Chowk, Raigarh, P.S. Kotwali, Distt. Raigarh, Chhattisgarh. ...Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Rupesh Shrivastava, Advocate. For Respondent/State : Ms. Soumya Sharmam, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 24.11.2025 1. Heard Mr. Rupesh Shrivastava, learned counsel for the petitioner. Also heard Ms. Soumya Sharma, learned Panel Lawyer, appearing for the State/respondents No. 1 and 2. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.11.24 18:02:57 +0530 2 2. The present petition has been filed by the petitioner with the following prayers: “A. That, this Hon’ble Court may kindly be pleased to call the entire records pertaining to the case of the petitioners. B. That, this Hon’ble Court may kindly be pleased to quash the charge-sheet No. 548 of 2023 dated 22.12.2024 filed in FIR No. 0404 of 2022 by Police Station Kharsiya, District Raigarh, in so far as it relates to the petitioner, filed before Judicial Magistrate First Class, Kharsiya, District Raigarh (C.G.) in criminal case No. 516 of 2024. C. That, this Hon’ble Court may kindly be pleased to pass such other and further orders as may be deemed just, fit and proper in the interest of justice.” 3. From a perusal of the prayer and the pleadings in the present petition, it transpires that the charge-sheet has admittedly been submitted against the petitioner and the learned trial Court has already taken cognizance of the offences. The petitioner has prayed for quashing of the FIR, the charge-sheet, and the proceedings pending before the learned trial Court. However, in the opinion of this Court, the prayer is defective, as the petitioner has not sought quashing of the order by which cognizance has been taken by the learned trial Court. This reflects that the prayer has been drafted in a casual manner. 3 Further, learned counsel for the petitioner has also failed to file the order-sheets of the learned trial Court after 21.07.2025. 4. Learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition with an appropriate and complete prayer. 5. Learned State counsel has no objection to the said prayer. 6. In view of the submissions made, the present petition is dismissed as withdrawn, with liberty, as prayed for, subject to the petitioner depositing a sum of Rs. 2,000/- as costs before the Registry of this Court and producing the receipt thereof at the time of filing a fresh petition, if any. The amount so deposited shall be transmitted to the Government Disabled College, Mana Camp, Raipur (C.G.). 7. Certified copies of the FIR, charge-sheet, and other documents, if any, shall be returned to the petitioner after retaining photocopies of the same for record. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan