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2026 DAILYLAW 27351 (CHH)

SMT. GOMTI VERMA v. STATE OF CHHATTISGARH

CRMP/1824/2026 · 2026-07-14

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010269522026 2026:CGHC:29837-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1824 of 2026 1 - Smt. Gomti Verma W/o - Late. Kirti Verma Aged About 45 Years R/o- Behind Old High Court, Near Sharda Mandir, P. S. City Kotwali Bilaspur District - Bilaspur (C.G.) 2 - Ku. Mahi Veram D/o Late Kirti Verma Aged About 20 Years R/o- Behind Old High Court, Near Sharda Mandir, P. S. City Kotwali Bilaspur District - Bilaspur (C.G.) ... Petitioners versus 1 - State of Chhattisgarh Through Station House Officer Police Station City Kotwali Bilaspur District - Bilaspur (C.G.) 2 - Minor Avni Sahu D/o- Rishi Sahu Aged About 16 Years Complainant Being Minor Through Natural Guardian Rishi Sahu S/o- Bisahu Ram Sahu R/o- Tikrapara P. S. City Kotwali Bilaspur District - Bilaspur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Krishna Tandon, Advocate For Respondent No.1/State : Ms. Anusha Naik, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 15.07.2026 1. The petitioners have filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for following relief:- ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2026.07.16 10:15:15 +0530 2 “i. This Hon'ble Court may kindly be pleased to quash/set-aside the impugned first information report (F.I.R.) No. 642/2025 registered at Police Station City Kotwali-Bilaspur District- Bilaspur (C.G.) dated 28/11/2025 for offences under section 296, 351 (2) of BNS, 2023, in the interest of justice. ii. This Hon'ble Court may kindly be pleased to quash/set-aside the entire Chargesheet 514/2025 filed 08/12/2025 for offences under section 296, 351 (2) & 3 (5) BNS, 2023, in the interest of justice. iii. This Hon'ble Court may kindly be pleased to quash/set-aside the order taking cognizance dated 11/12/2025 by the Learned Chief Judicial Magistrate Bilaspur, District Bilaspur (C.G.). iv. This Hon'ble Court may kindly be pleased to quash/set-aside the entire criminal proceedings of the criminal case no. 34718/2025 (State of C.G. Vs Smt. Gomti Verma and another pending before the Learned Judicial Magistrate First Class Bilaspur, District Bilaspur (C.G.), in the interest of justice” 2. Upon perusal of the order-sheet of the learned trial Court, it appears that charges against the petitioners were framed on 15.06.2026. However, the petitioners have not challenged the said order framing charges in the present petition. 3. In view thereof, learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with liberty to file afresh challenging the order dated 15.06.2026 framing charges. 4. Learned counsel appearing for the respective respondents fairly submits that they have no objection if the present petition is 3 permitted to be withdrawn with the aforesaid liberty. 5. In view of the aforesaid and considering the submission of learned counsel for the petitioners that they seek to challenge the order dated 15.06.2026 framing charges as well, learned counsel prays for permission to withdraw the present petition with liberty to file a fresh petition before this Court incorporating an appropriate challenge to the order framing charges along with all consequential reliefs. However, this Court cannot lose sight of the fact that the petitioners invoked the extraordinary jurisdiction of this Court without laying a challenge to the very order framing charges, which constitutes the foundational grievance sought to be agitated. Such an approach reflects lack of due diligence and has resulted in unnecessary consumption of the valuable judicial time of this Court. Consequently, while granting the aforesaid liberty, this Court deems it appropriate to impose costs quantified at Rs.5,000/- (Rupees Five Thousand only). The said amount shall be deposited by the petitioner before the Registry of this Court within a period of two weeks. Upon such deposit, the Registry shall transmit the said amount to the Government Special School for Intellectually Retarded Girls Gangapur, Ambikapur, District Surguja, Chhattisgarh, for the welfare of its students. 6. It is further directed that certified copies of the documents annexed with the petition, if any, shall be returned to learned 4 counsel for the petitioner after obtaining photocopies thereof for the record. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu