Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7168-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 518 of 2025 1 - Jitendra Sharma S/o Late Dudhnath Sharma Aged About 33 Years R/o Chal Number C, Room Number 02, Durga Mata Mandir Road Lakshmi Bagh, Kotemnavali, Kolsewadi Kalyaan Maharashtra 421306 (Accused) 2 - Aastik Sharma S/o Late Dudhnath Sharma Aged About 39 Years R/o Chal Number C, Room Number 02, Durga Mata Mandir Road Lakshmi Bagh, Kotemnavali, Kolsewadi Kalyaan Maharashtra 421306 (Accused) 3 - Sonam Sharma D/o Late Dudhnath Sharma Aged About 34 Years R/o Chal Number C, Room Number 02, Durga Mata Mandir Road Lakshmi Bagh, Kotemnavali, Kolsewadi Kalyaan Maharashtra 421306 (Accused) 4 - Shakun Devi W/o Late Dudhnath Sharma Aged About 54 Years R/o Chal Number C, Room Number 02, Durga Mata Mandir Road Lakshmi Bagh, Kotemnavali, Kolsewadi Kalyaan Maharashtra 421306 (Accused)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The S.H.O., Police Station Gaurela, District
Gorela-Pendra-Marwahi
Chhattisgarh
(Prosecution) 2 - Smt. Sonam Sharma W/o Jitendra Sharma, D/o Vijay Kumar Sharma MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.10 17:16:30 +0530
2 R/o Suman Niketan Road, Pendra Road, P.S. Gaurela, District Gaurela- Pendra-Marwahi Chhattisgarh (Complainant)
... Respondent(s) For Petitioner(s) : Mr. Mahesh Mishra, Advocate For Respondent(s) : Mr. Shashank Thakur, Dy. A.G. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Judgment on Board Per
Ramesh Sinha,
Chief Justice
10.02.2025
1. Heard Mr. Mahesh Mishra, learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned Deputy Advocate General for the respondent No.1 / State.
2. The petitioner has filed this petition praying for following relief:-
“1) quash the FIR bearing No. 423/2024 registered at Police Station Gaurela District Gaurela Pendra Marwahi(C.G) for the commission of offences punishable under Sections 316(2), read with 85 of BNS in the interest of justice. 2) Any other order which the Hon'ble Court deems fit and proper in the interest of Justice”
3. The petitioner has prayed for following relief in I.A. No. 01/2025 of the petition i.e. application for grant of interim relief / stay:-
“It is therefor prayed that this Hon’’ble Court may kindly be pleased to stay the effect and operation of
3 FIR bearing No.423/2024 registered at Police Station Gaurela, District Gaurela- Pendra- Marwahi, C.G. till the final disposal of the petition in the ends of justice.”
4. From perusal of the relief prayed for in the present petition, it transpires that the same is a defective one and the counsel for the petitioners has not mentioned any particulars of the FIR such as date of registration of FIR and offences under which the FIR has been registered in the relief. Further, perusal of the relief prayed in I.A. No. 01/2025 i.e. application for grant of interim relief / stay, it transpires that the same is a defective one and the counsel for the petitioners has only drafted a vague and inappropriate prayer.
5.
Learned counsel for the petitioners prays to withdraw the present petition with the liberty to file a duly constituted petition with an appropriate prayer.
6. Accordingly, this petition is dismissed as withdrawn, with liberty to file petition afresh with appropriate prayer and pleadings, subject to depositing a sum of Rs.2,000/- as cost by the petitioners in the Registry of this Court within a period of one week from today for wasting the precious time of this Court by filing the present petition with vague prayer, and the same shall be transmitted to the Children Observation Home, Bilaspur.
7. Learned Panel Lawyer appearing for respondent No.1 / State is
4 present.
8. Certified copy of the documents annexed in the petition may be returned back to the counsel for the petitioner after obtaining the photocopy of the same, subject to deposit of the fine amount. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet