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2026 DAILYLAW 6438 (CHH)

SANJAY KUMAR v. STATE OF CHHATTISGARH

CRMP/1041/2026 · 2026-04-14

Shri Ravindra Kumar Agrawal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:17041-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1041 of 2026 1 - Sanjay Kumar S/o Shri Rajendra Prasad Gupta Aged About 44 Years Occupation The Than Senior Branch Manager Canara Bank Phool Chowk Branch Raipur (C.G.) District- Raipur (C.G.) 2 - Shailesh Parmar S/o Rajesh Kumar Parmar Aged About 33 Years R/o The Than Officer Canara Bank Phool Chowk Branch Raipur (C.G.) District- Raipur (C.G.) 3 - Pradipta Kumar Tripathi S/o Lt. Dinabandhu Tripathi Aged About 62 Years Retired Divisional Manager Regional Office Naya Raipur (C.G.) Distt- Raipur (C.G.) 4 - Amarjeet Singh S/o Joginder Singh Aged About 62 Years Retired Deputy General Manager Canara Bank Regional Office Naya Raipur (C.G.) Distt- Raipur (C.G.) (Canara Bank C.O Legal Section Circle Office Bhopal Had Authorized To Move The Present Cr. Mp Petition Before This Hon'ble Court) ... Petitioners versus 1 - State of Chhattisgarh Through Secretary Home Department Mahanadi Bhavan Mantralaya New Raipur District- Raipur (C.G.) 2 - Superintendent of Police Raipur District- Raipur (C.G.) 3 - Station House Officer Police Station Maudhapara Raipur District- Raipur (C.G.) 4 - H. R. Grandsons And Company Through Partnere Vaibhav Shukla S/o Shri Pramod Shukla R/o Salasaar Greens Sarona Raipur Tehsil And District- Raipur (C.G.) 492001 ... Respondents (Cause-title taken from Case Information System) ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2026.04.16 10:40:13 +0530 2 For Petitioners : Mr. Akhilesh Mishra, Advocate For Respondent-State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 15.04.2026 1. Heard Mr. Akhilesh Mishra, learned counsel for the petitioners as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondents No.1 to 3. 2. The petitioner has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for following relief:- “It is therefore, prayed that this Hon’ble Court may kindly be pleased to allow this peittion and may further be pleased to quash the Charge Sheet No.70/2024 dated 07.04.2024 has been filed at JMFC Raipur, District Raipur (C.G.) in the interest of justice.” 3. Learned State counsel submits that the present petition suffers from fundamental and incurable defects inasmuch as the prayer clause, as framed, is vague, incomplete and not in consonance with the settled requirements of law governing petitions for quashment. It is contended that the petitioner has failed to specifically mention the offences for which he has been charged, 3 the complete particulars of the impugned FIR including its number, date and the concerned police station, as well as the precise nature of the allegations forming the basis of the prosecution. Such omission, according to the learned State counsel, renders the petition not only defective but also incapable of proper adjudication, as the Court is deprived of the essential factual foundation necessary for exercising its inherent jurisdiction. 4. In view of the aforesaid submission made by learned State counsel, and upon being confronted with the defects which go to the very root of the matter, learned counsel for the petitioner fairly submits that the present petition has not been properly drafted and contains material omissions. Learned counsel, therefore, seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition, duly constituted and in accordance with law, incorporating all necessary particulars, complete pleadings, relevant documents and an appropriate prayer clause. 5. Accordingly, the present petition is dismissed as withdrawn, with liberty as prayed for, subject to the petitioner depositing costs of Rs.4,000/- in the Registry of this Court within a period of one week from today. The said amount shall be transmitted to the Government Special School for Visual Handicapped, Boys and Girls Jashpur (C.G.). 4 6. Certified copies of the documents annexed to the petition, if any, shall be returned to learned counsel for the petitioner after retaining photocopies thereof on record. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Anu