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2026 DAILYLAW 12502 (CHH)

SMT. SONMANI CHOUDHARY v. STATE OF CHHATTISGARH

CRMP/561/2026 · 2026-02-23

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:9431-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 561 of 2026 Smt. Sonmani Choudhary W/o Late Rajendra Choudhary Aged About 63 Years R/o Shyam Nagar, Near Sharda School, Vaishali Nagar, P.S. Vaishali Nagar, Tahsil And Distt. Durg, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary, Department of Home/police, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, Distt. Raipur, Chhattisgarh. 2. Superintendent of Police Distt. Durg, Chhattisgarh. 3. Station House Officer P.S. Jamul, Distt. Durg, Chhattisgarh. 4. Suraj Kumar Sao S/o Shri Om Prakash Sai Aged About 32 Years R/o Near Karma Residence, Village Kurud, Bhilai, Ps Jamul, Tahsil And Distt. Durg, Chhattisgarh. ...Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Ms. Neeta Tulsani, Advocate. For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.02.24 14:58:59 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 24.02.2026 1. Heard Ms. Neeta Tulsani, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondents No. 1 to 3. 2. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition, quash the impugned charge-sheet (Annexure P/1) bearing Crime No. 520 of 2025 registered at Police Station Jamul, District Durg (C.G.) for offence under Section 420/34 of IPC and all consequential criminal proceedings arising therefrom in relation to the petitioner and grant any other relief to the petitioner as may be deemed fit and proper in the given facts and circumstances of the case, in the interest of justice.” 3. From a perusal of the prayers and the pleadings in the present petition, it transpires that the charge-sheet has admittedly been submitted against the petitioner and the learned trial Court has already taken cognizance of the offences. The petitioner has prayed for quashing of the FIR, the charge-sheet, and the proceedings pending 3 before the learned trial Court. However, in the opinion of this Court, the prayer is defective, as the petitioner has not sought quashing of the order by which cognizance has been taken by the learned trial Court. This reflects that the prayer has been drafted in a casual manner. 4. Learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition with an appropriate and complete prayer. 5. Learned State counsel has no objection to the said prayer. 6. In view of the submissions made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn, with liberty, as prayed for, subject to the petitioner depositing a sum of Rs. 2,000/- as costs before the Registry of this Court and producing the receipt thereof at the time of filing a fresh petition, if any. The amount so deposited shall be transmitted to the Government Disabled College, Mana Camp, Raipur (C.G.). 7. Certified copies of the FIR, charge-sheet, and other documents, if any, shall be returned to the petitioner after retaining photocopies of the same for record. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan