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2026 DAILYLAW 15360 (CHH)

TAIYYAB HUSSAIN v. STATE OF CHHATTISGARH

WPCR/629/2025 · 2026-01-12

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:1925-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 629 of 2025 1 - Taiyyab Hussain S/o Late Akhtar Hussain, Aged About 45 Years, R/o Masanganj, Police Station - Civil Line, District - Bilaspur Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through, The Station House Officer, Police Station - Sakri, District - Bilaspur Chhattisgarh 2 - Virendra Nagvanshi S/o Late Shri Ramdas Nagvanshi, Aged About 52 Years, R/o Kumharpara, Jarhabhatha Road, Near Progressive Convent School, P.S. Civil Line, Bilaspur, District - Bilaspur Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Goutam Khetrapal, Advocate. For Respondent No.1/State : Mr. Priyank Rathi, Govt. Advocate. For Respondent No.2 : Mr. Sandeep Kumar Sharma, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 13-01-2026 1. Heard Mr. Goutam Khetrapal, learned counsel appearing for the petitioner. Also heard Mr. Priyank Rathi, learned Govt. Advocate appearing for respondent No.1/State and Mr. Sandeep Kumar Sharma, learned counsel appearing for respondent No.2. Digitally signed by MOHAMMED AADIL KHAN Date: 2026.01.15 12:30:09 +0530 2 2. The present petition has been filed by the petitioner seeking the following relief(s):- “10.1 That, the Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction quashing the Final Report/ Supplementary Charge sheet dated 27.10.2025 filed by the Police Station Sakri, District- Bilaspur before the learned Special Court (Atrocities), Bilaspur on 28.10.2025 in connection with Crime No. 02/2024, as the same is arbitrary, mala fide, without evidence, and an abuse of the process of law. 10.2 That, the Hon’ble Court may kindly be pleased to quash the entire criminal proceedings / criminal trial arising out of Special Case (Atrocities) No. 31/2024 pending before the learned Special Judge (Atrocities), Bilaspur, as continuation of such proceedings against the Petitioner is illegal, oppressive, politically motivated, and violative of Articles 21 of the Constitution of India. 10.3 That, the Hon’ble Court may kindly be pleased to quash the charges framed against the Petitioner under Section 306 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989, as the ingredients of the said offences are wholly absent and there exists no material to proceed against the 3 Petitioner. 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.’ 3. After arguing for some time, learned counsel for the petitioner seeks permission to withdraw the present petition and submits that the petitioner will cooperate in the trial. 4. Learned counsel for respondent No.2 states that the complainant and his family members whose evidence is to be recorded before the trial Court shall appear before the trial Court on the next date fixed. 5. In view of the submissions made by the parties, the present petition is dismissed as withdrawn. The learned trial Court is directed to proceed with the trial of the case. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil