Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:59026-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3697 of 2025 Arti Das Mahant S/o Shri Adhri Das Mahant Aged About 58 Years R/o Qtr. No. Se/435, CSEB Colony, Korba (East), Civil Lines Rampur, Korba, Tehsil And District Korba (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Department Of Home, Mahanadi Bhawan, Nava Raipur, District - Raipur (C.G.) 2 - Superintendent Of Police Korba, District - Korba (C.G.) 3 - Station House Officer P.S. Urga Korba, District - Korba (C.G.) 4 - Sukhi Ram Kashyap S/o Late Makhan Lal Kashyap Aged About 53 Years R/o - Khairbhata Tilkeja P.S. Urga Korba, District - Korba (C.G.)
... Respondent(s) For Petitioner(s) : Ms.Chetna Sharma, Advocate For Respondents No.1 to 3/State : Mr.Shailendra Sharma, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Hon'ble
Mr. Bibhu Datta Guru, Judge
Order on Board Per Ramesh Sinha, Chief Justice 05.12.2025
1. Heard Ms.Chetna Sharma, learned counsel for the petitioner as BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR
2 well as Mr.Shailendra Sharma, learned Panel Lawyer appearing for respondents No.1 to 3/State. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :-
“1. Hon'ble Court may be pleased to call for the records of the case related with crime no. 322/2024 P.S.-Urga, Korba, Distt- Korba (C.G.)
2. Hon'ble Court may be pleased to quash the charge sheet bearing Cr. No. 322/2024 police station, Urga, Korba Distt- Korba filed on 26.11.2024 before 1st Civil Judge Junior Division Korba (C.G.) in Cr. Case. No. 4036/2024 and all consequential proceedings emanating from crime no. 322/2024 against the petitioner if any or any other order that Hon'ble Court deems fit to be passed, in the interest of justice. 3. Hon'ble Court may be pleased to grant the cost of the entire petition from the respondents. 4. Hon'ble Court may be pleased to grant any other relief which deems fit and proper in the facts and circumstances of the case.”
3. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioner has prayed for quashing of the charge sheet bearing Cr. No. 322/2024 Police Station, Urga, Korba Distt- Korba filed on 26.11.2024 before 1st Civil Judge Junior Division Korba (C.G.) in Cr. Case.
No. 4036/2024 and all
3 consequential proceedings emanating from Crime No. 322/2024 against the petitioner, if any, but cognizance order has not been challenged, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one. 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.1,000/- as cost by the petitioner in the Registry of this Court and the same shall be transmitted to the Government Multi-Disabled Home, Village Pendri, Ditrict Janjgir Champa (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/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu