Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 60943 (CHH)

MANOJ DHOLAKIA v. GHASURAM NIRMALKAR

CRMP/507/2025 · 2025-12-14

Shri Bibhu Datta Guru

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:60947-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 507 of 2025 Manoj Dholakia S/o Lt. Ramnik Lalji Dholakia Aged About 54 Years Operator-Unique Traders Farishta Complex, R/o C-1, Farishta Complex, G E Road, Raipur, District- Chhattisgarh ... Petitioner(s) versus 1 - Ghasuram Nirmalkar S/o Lt. Nandlal Nirmalkar R/o Parsawani, PS Magarlod, District- Dhamtari (C.G.) 2 - State Of Chhattisgarh Through-The Station House Officer, Police Station Magarlod, District - Dhamtari (C.G.) ... Respondent(s) For Petitioner(s) : Mr.Kumar Piyush Pushkar, Advocate For Respondent No.1 For Respondent No.2 : : Mr.Kunal Das, Advocate Mr.Shashank Thakur, Deputy Advocate General with Mr.Shailendra 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 15 .12 .2025 1. Heard Mr.Kumar Piyush Pushkar, learned counsel for the BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.12.15 19:53:22 +0530 2 petitioner as well as Mr.Kunal Das, learned counsel appearing for respondent No.1 and Mr.Shashank Thakur, learned Deputy Advocate General with Mr.Shailendra Sharma, learned Penal Lawyer appearing for respondent No.2/State. 2. The present petition has been filed by the petitioner with the following prayer: “1. Kindly allow the instant Petition and pass necessary orders/directions in the favour of the Petitioner, whereby the FIR No. 181/2024 dated 30.05.2024 registered U/s 306 IPC at PS- Magarlod, may kindly be quashed, in the interest of justice. 2. Such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioners to meet the ends of justice.” 3. The Superintendent of Police, Dhamtari, is directed to file his personal affidavit explaining the reasons, after calling for an explanation from the Investigating Officer of the present case, as to what prevented him from filing the final report before the competent Court. This is despite the fact that the report of the handwriting expert, which has been placed on record by learned Deputy Advocate General for the respondent-State, along with part of the case diary, shows that the same is dated 30.04.2025 and for the last seven months, the Investigating Officer has kept the matter pending at his end and has not filed the final report before the competent Court. The affidavit shall be sent to the Registrar (Judicial) of this Court within three weeks from 3 today, who shall place the same in the Chamber. 4. Learned Deputy Advocate General appearing for respondent No. 2/State submits that the final report has already been prepared and will be filed shortly. 5. In view of the above, the Investigating Officer of the present case is directed to file the final report, if any, before the competent Court within a period of two weeks from today. If the petitioner is aggrieved by the final report, he may take recourse to law. 6. With the aforesaid observation, the writ petition finally stands disposed of. 7. The learned State Counsel shall send a copy of this order to the Superintendent of Police, Dhamtari forthwith for necessary compliance and follow up action. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu