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2025 DAILYLAW 9704 (CHH)

RAMESH CHANDRAKAR v. THE STATE OF CHHATTISGARH

CRMP/693/2025 · 2025-02-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:9296-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 693 of 2025 1 - Ramesh Chandrakar S/o Shri Makhan Lal Chandrakar Aged About 60 Years R/o Village Post Ghunchapali Kalan, Block And Thana Bagbahara, District- Mahasamund (C.G.) 2 - Rishabh Chandrakar S/o Shri Ramesh Chandrakar Aged About 28 Years R/o Village Post Ghunchapali Kalan, Block And Thana Bagbahara, District- Mahasamund (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Station House Officer, Police Station- Bagbahra, District Mahasamund, Chhattisgarh 2 - Rohit Chandrakar S/o Shri Patiram Chandrakar Resident Of Village Bhaluchuvan, Post Ghunchapali Kalan, Block And Thana Bagbahara, District- Mahasamund (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Petitioners : Mr. Sandeep Dubey, Advocate For Respondent/State : Mr. Hariom Rai, Penal Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Digitally signed by VEDPRAKASH DEWANGAN 2 Per Ramesh Sinha, C.J. 24/02/2025 1. The present Criminal Miscellaneous Petition has been filed by the petitioners under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 aggrieved by the FIR under Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023 lodged by the respondent No.2 against the present petitioners on 10.02.2025 bearing Crime No. 40 of 2025 under Sections 3(5) and 303(2) of Bharatiya Nyaya Sanhita, 2023. The petitioners has filed the present petition with the following prayer: “It is therefore prayed that, this Hon'ble Court may kindly be pleased to allow the petition and quashed the First information Report dated 10.02.2025 bearing crime No. 40/2025 registered in Police Station Bagbahara, District Mahasamund under Section 3(5) and 303(2) of BNS, 2023 in the interest of justice.” 2. At the time of hearing, this Court observed that the prayer made in the interim application filed in the present petition is defective one as there is no any prayer for staying arrest or no coercive steps therein. 3. In such a situation, learned counsel for the petitioners seeks permission to withdraw the present petition with liberty to file a duly constituted petition. 4. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty 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 and the said amount shall be transmitted to the Government Multi-Disabled Home, Main Road Bagbahara, District Mahasamund (C.G.). 3 5. Certified copy, if any, filed in the petition be returned back to the petitioners after retaining its attested true copy. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved