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2025 DAILYLAW 9150 (CHH)

HARIOM DUBEY v. MANJU KUJUR

CRMP/439/2022 · 2025-07-29

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:37211-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 439 of 2022 Hariom Dubey S/o Late Narayan Dubey Aged About 48 Years Occupation-Loco Pilot, Secr, R/o Flat No. 404, Vaishali Regency, Torwa, Tahsil And District- Bilaspur (C.G.) ... Petitioner(s) versus 1. Manju Kujur D/o Late Soma Kujur, Aged About 37 Years Occupation- Nurse, Secr Hospital, R/o Kasim Para, Gita Pathsala Ke Bagal Wali Gali, Bilaspur, District- Bilaspur (C.G.) 2. State of Chhattisgarh Through Police Station Ajak, Bilaspur, District - Bilaspur (C.G.) ...Respondent(s) For Petitioner : None. For Respondent No. 1 : Mr. Syed Afaque Hussain Rizvi, and Dr. Surendra Kumar Dewangan, Advocates. For Respondent No. 2/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 30.07.2025 1. Despite repeated calls, there is no appearance on behalf of the petitioner, nor is any representation made to press the petition. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.30 18:20:28 +0530 2 2. Mr. Syed Afaque Hussain Rizi and Dr. Surendra Kumar Dewangan, learned counsel, appearing for respondent No. 1 and Mr. Hariom Rai, learned Panel Lawyer, appearing for the respondent No. 2/State, are present. 3. The present petition has been filed by the petitioner with the following prayers: “3.1 That, this Hon’ble Court may kindly call entire records pertaining to the Special Case No. 06 of 2020 between State of Chhattisgarh vs. Hariom Dubey pending before the learned Special Judge (Attrocity) Bilaspur, Ku. Sanghratna Bhatpahari under Sections 294, 354-a and 506 of the IPC and Section 3(2)(va) and Section 3(1)(द)(ध) and Section 3(v)(ब)(i)(ii) of the SC/ST (Prevention of Atrocities) Act, 1989. 3.2 That, this Honb’le Court may kindly be pleased to quash the FIR, charges & entire proceeding of Special Case No. 06 of 2020 (arising out of the FIR No. 38 of 2018, for the offence under Sections 294, 354-a, 506 of the IPC and Section 3(2)(va) and Section 3(1)(द)(ध) and Section 3(v)(ब)(i)(ii) of the SC/ST (Prevention of Atrocities) Act, 1989, between State vs. Hariom Dubey pending before the Court of learned Special Judge (Attrocity) Bilaspur Ku. Sanghratna Bhatpahari. 3.3 That, any other relief/order, which this Hon’ble Court may found deem fit and proper, may also kindly be 3 granted to the petitioners, in the interest of justice, equity, and good conscience.” 4. We have perused the prayers and pleading made in the petition along with the annexures annexed in this case. 5. It transpires from the record that the learned Single Judge, vide order dated 10.03.2022, had granted interim relief to the petitioner by staying the proceedings in Special Case No. 06 of 2020 against the petitioner. However, it appears that due to the passage of time, the petitioner has lost interest in pursuing the present matter. Accordingly, the present petition is dismissed on this ground alone. Nevertheless, we hope and trust that the learned trial Court shall make an earnest endeavour to conclude the trial expeditiously, in accordance with law, if there is no legal impediment. 6. The interim relief granted to the petitioner on 10.03.2022 stands vacated. 7. The Registry is directed to send a copy of this order to the concerned learned trial Court for information and necessary follow-up action. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan