SWAROOP B. @ BHAGWAN SWAROOP KUMAR v. STATE OF CHHATTISGARH
CRMP/733/2025 · 2025-02-27
Shri Ravindra Kumar Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9402 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9402 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9772-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 733 of 2025 Swaroop B. @ Bhagwan Swaroop Kumar S/o Late Shyamlalrao Aged About 34 Years R/o Kundur, Sikakulam, District Sikakulam, Andhra Pradesh, Currently Residing At Kanha Vihar Colony, Tehsil And District Balodabazar Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Mohan Nagar, District Durg, Chhattisgarh. 2 - XYZ Nil
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Om Kukreja, Advocate For State/ Respondent No.1 : Mr. Hariom Rai, Panel Lawyer
Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
27.02.2025
1. Heard Mr. Om Kukreja, learned counsel for the petitioner 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: 2025.02.27 14:47:46 +0530
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2. The present petition has been filed by the petitioner with the following prayers:-
“A. That, this Hon'ble Court may kindly be pleased to quash the First Information Report bearing no. 290 of 2024 registered by the Mohan Nagar Police Station dated 30.6.2024under Section 376(2)(n) of the Indian Penal Code, impugned Charge Sheet dated 03.09.2024, submitted for the offences made punishable under Sections-376 (2) (n) of the Indian Penal Code filed in connection to Crime No.-0290 of 2024, Under Sections- 376 (2) (n) of the Indian Penal Code, Police Station-Mohan Nagar, District-Durgand further proceedings in Session trial No.- 199/2024 (State vs. Swaroop Kumar B.) pending before the Court of District and Additional Sessions Judge (F.T.C), Durg (C.G); B. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”
3. Mr. Om Kukreja, learned counsel for the petitioner submits that though the present CRMP has been filed for quashing of the FIR as well as the charge-sheet, but in the present case, charges have been framed against the petitioner, as such, he prays that the present petition be dismissed as withdrawn with the liberty to file the order framing charge. 3
4. Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1, has no objection. 5. Prayer appears to be fair and reasonable. 6.
In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the liberty to the petitioner to file a fresh petition challenging the order framing charge before the appropriate forum, if so advised. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra