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2025 DAILYLAW 8931 (CHH)

SAURABH ZUNZUNWALA v. STATE OF CHHATTISGARH

CRMP/667/2025 · 2025-02-21

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:9062-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 667 of 2025 1 - Saurabh Zunzunwala S/o Shri Ramesh Chandra Zunzunwala Aged About 31 Years R/o A- 05, 506, Milenium Tower, Sanpada, Sector- 9, P.S. Sanpada, District- Thane Maharashtra. 2 - Ramesh Chandra Zunzunwala, S/o Late Shri Badriprasad Zunzunwala Aged About 65 Years R/o A-05, 506, Milenium Tower, Sanpada, Sector- 9. P.S. Sanpada, District- Thane Maharashtra. 3 - Smt. Sunita Zunzunwala Aged About 56 Years. R/o A-05, 506, Milenium Tower, Sanpada, Sector- 9. P.S. Sanpada, District- Thane, Maharashtra. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, P.S.- Police Station- Mahila Thana. District- Raipur, 2 - Bhumika Goel W/o Shri Saurabh Zunzunwala Aged About 30 Years R/o House No. C.Q.-3, Government Nagarjun Post Graduate Science College Compus, Thana- Saraswati Nagar, District- Raipur ( C.G. ). ... Respondent(s) ----------------------------------------------------------------------------------------------- For Petitioners : Mr. Ankit Singh, Advocate For Respondent No.1/State : Mr. Hariom Rai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 21.02.2025 1. Heard Mr. Ankit Singh, learned counsel for the petitioners as well as Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.21 17:44:28 +0530 2 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with the following prayers :- “It is therefore prayed that this Hon'ble Court may kindly be pleased to allow this petition and may kindly be pleased to set aside/quash the impugned Final Report Dated 24/09/2024 bearing Challan No. 96/24, filed before Learned JMFC Raipur, arising out of the FIR dated 03/01/2024 registered at Police Station - Mahila Thana, Raipur, District Raipur, for the offence registered under Section 498A and 34 of IPC against petitioner (Annexure P/1), in the interest of justice. Any other relief may also be granted to the petitioner, which this Hon'ble Court deems fit and proper.” 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that admittedly, charge-sheet has been submitted against the petitioners and the cognizance of the offences has been taken by the competent Court and the petitioners have only prayed for quashing of the impugned charge-sheet arising out of FIR registered against them, but, in the opinion of this Court, the prayer is defective one as the petitioner has not prayed for quashing of the order taking cognizance which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner. 4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to 3 depositing a sum of Rs.1,000/- as cost by the petitioners in the Registry of this Court within a period of one week from today and the same shall be transmitted to the Government Home for Mentally Underdeveloped Children, Mana Camp, Raipur. 5. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioners after retaining photocopies of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra