Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 7995 (CHH)

P.R. NIRMAL v. STATE OF CHHATTISGARH

CRMP/582/2025 · 2025-02-17

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:8107-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 582 of 2025 P.R. Nirmal S/o. Baldau Nirmal Aged About 72 Years Retired Deputy Collector, R/o. Rajim, Police Station And Tahsil - Rajim, District - Gariyaband (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Station House OfÏcer, Police Station, Dongargarh, District - Rajnandgaon (C.G.) 2. Rajnish Sharma S/o. Late Alopi Prasad Sharma R/o. B-8/6, Mahanda Nagar, Bhartiya Gyanpeeth, School Road, Ujjain, District - Ujjain (M.P.) (Complainant) ...Respondent(s) For Petitioner : Mr. Anil S. Pandey, Advocate. For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 17.02.2025 1. Heard Mr. Anil S. Pandey, learned counsel for the petitioner. Also heard Mr. Sakib Ahmed, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.02.17 18:07:38 +0530 2 2. The present petition has been filed by the petitioner with the following prayer: “(a) Quash the entire criminal proceedings pending in Criminal Case No. 1088 of 2021 before the learned Judicial Magistrate First Class, Dongargarh, District Rajnandgaon (C.G.) for the offence punishable under Sections 420, 34 of Indian Penal Code (IPC), so far against the petitioner, in the interest of justice.” 3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offence has been taken by the learned trial Court and the petitioner has prayed for quashing of the criminal proceedings pending before the trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioner has not prayed for quashing of FIR, charge-sheet and order taking cognizance of the offences by the trial Court which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner, to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer. 4. Learned State counsel has no objection. 5. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioner in the Registry of this Court within a period of one 3 week from today and the said amount shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur. 6. Copy of the FIR, charge-sheet along with the order taking cognizance may be returned back to the petitioner after retaining a photocopy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan