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2026 DAILYLAW 23837 (CHH)

RAJKUMARI CHAWLA v. STATE OF CHHATTISGARH

CRMP/3293/2025 · 2026-06-29

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:26541-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3293 of 2025 Rajkumari Chawla Wd/o Late Narendra Singh Chawla Aged About 70 Years (Wrongly Typed As Vishnoi), R/o Chawla Watch, Sadar Bazar, Baloda Bazar, District Baloda Bazar Bhatapara C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Police Station Baloda, District Baloda Bazar Bhatapara C.G. 2 - Samir Vishnoi S/o Late Deepak Vishnoi Aged About 42 Years R/o Ward No. 13, Sadar Bazar Baloda Bazar, Police Station City Kotwali,district Balodabazar- Bhatapara C.G., At Present R/o House No. 68, Prithvi Cortyard, Samradha, Police Station Misrod,district Bhopal (Madhya Pradesh) (Address Mentioned As Per F.I.R.) ---- Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Arpan Verma, Advocate For Respondent No.1/State : Mr. Soumya Rai, Deputy Govt. Advocate For Respondent No.2 : Ms. Shruti Shrivastava, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 30/06/2026 1. The present writ petition has been filled by the petitioner with the following prayers:- VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.07.01 11:08:45 +0530 2 “I. That the Hon’ble Court may kindly be pleased to allow the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the petitioner. II. That the Hon’ble Court may kindly be pleased to quash the F.I.R. bearing No. 0900/2025, registered on 10.09.2025 at Police Station Baloda, District Baloda Bazar Bhatapara lodged on the instance of respondent No.2 namely Samir Vishnoi against the petitioner herein namely Rajkumari aged about 70 years, for the offence registered under section 420 read with Section 34 of Indian Penal Code. III. And to kindly grant any other relief to the petitioner as this Hon’ble Court may deem fit and proper in facts and circumstances of the case, may also granted to the Petitioner.” 2. Learned counsel appearing for the petitioner submitted that the present petition has been preferred assailing the legality and validity of FIR No. 0900/2025 dated 10.09.2025 registered at Police Station Baloda, District Baloda Bazar-Bhatapara, for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code. It is submitted that subsequent to the institution of the present petition, the investigation has been concluded and the police has already filed charge-sheet bearing No.1010/2025 dated 02.12.2025 before the competent Court. It is further submitted that the learned Judicial Magistrate First Class, Baloda Bazar has taken cognizance of the offence and has also framed charge against the petitioner under Section 420 of the Indian Penal Code by order dated 19.05.2026. he further submitted that in view of the 3 aforesaid subsequent developments, the petitioner does not intend to pursue the present petition any further. Accordingly, an application being I.A. No.2 of 2026 has been filed seeking permission to withdraw the present petition with liberty to avail such remedy as may be available under law, if necessity so arises. 3. Learned State counsel submitted that it is not in dispute that during the pendency of the present petition, the investigation has culminated into filing of the charge-sheet and the learned trial Court has also framed charge against the petitioner. It is submitted that if the petitioner intends to withdraw the present petition, the State has no objection to the same, subject to all rights and contentions being kept open. 4. Learned counsel appearing for respondent No.2 submitted that in view of the filing of the charge-sheet and framing of charge by the competent criminal Court, the application preferred by the petitioner may be considered in accordance with law. It is further submitted that withdrawal of the present petition shall not affect the rights of respondent No.2 in the pending criminal proceedings. 5. Heard on I.A. No.2 of 2026, an application filed on behalf of the petitioner seeking permission to withdraw the present petition. 6. Learned counsel for the petitioner submits that after filing of the present petition, the investigation has been completed, charge-sheet has been filed before the competent Court and charges have also been framed against the petitioner on 19.05.2026. In view of the said subsequent 4 developments, learned counsel seeks permission to withdraw the present petition. 7. Having considered the submissions advanced by learned counsel for the parties and taking note of the subsequent events, namely filing of the charge-sheet and framing of charge against the petitioner, this Court is of the considered opinion that the request made by the petitioner for withdrawal of the present petition deserves to be accepted. 8. Accordingly, I.A. No.2 of 2026 is allowed. 9. Consequently, the present Criminal Miscellaneous Petition is dismissed as withdrawn. Liberty, as prayed for, is reserved in favour of the petitioner to avail such remedy as may be permissible in law, if the occasion so arises. 10. No order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved