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2026 DAILYLAW 9827 (CHH)

UMAKANT RATHAUR v. STATE OF CHHATTISGARH

CRMP/1212/2026 · 2026-04-28

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 / 3 2026:CGHC:19773-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1212 of 2026 Umakant Rathaur S/o Mr. Harish Rathaur Aged About 35 Years R/o Kanhai-Band, Police Station- Janjgir, District- Janjgir-Champa, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Police Gidhauri, District- Baloda- Bazar, Bhatapara, Chhattisgarh. 2 - Mr. Rajnish Kumar Prajapati Resident of Gidhauri, District- Baloda- Bazar, Bhatapara, Chhattisgarh. ... Respondents For Petitioner : Mr. Yashkaran Singh, Advocate For State : Mr. Nitansh Jaiswal, Deputy Government Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per, Ramesh Sinha, C.J. 29/04/2026 1. Heard Mr. Yashkaran Singh, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Deputy Government Advocate appearing for respondent No. 1. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.05.01 11:26:24 +0530 2 / 3 2. The present petition has been filed by the petitioner with the following prayers: “i. That this Hon’ble may kindly be pleased allow the present petition preferred by the petitioner under section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). ii. That, this Hon’ble Court may kindly be pleased to Quash and Set aside the FIR Bearing No.0273 of 2025 registered on 14.12.2025 Under section 105 and 3 (5) of BNS by the Police Station Gidhauri, Baloda Bazar, Chhattisgarh ANNEXURE P/1 iii. That, this Hon’ble Court may kindly be pleased to Quash and Set aside the Charge Sheet Bearing No 12/2025 Filled on 09.02.2026 Under section 105 and 3 (5) of BNS before the Learned Judicial Magistrate First Class Kasdol, District Baloda Bazar, Chhattisgarh ANNEXURE P/2 iv. That, this Hon’ble Court may kindly be pleased and thereby Quash and Set aside the order cognizance passed by Learned Judicial Magistrate First Class Kasdol, District Baloda Bazar dated 07.04.2026 passed in Criminal Case No.110/2026 Under section 105 and 3 (5) of BNS ANNEXURE P/3 v. That, this Hon’ble Court may kindly be pleased to grant any other relief which this Hon’ble Court may deem fit and proper in the present petition.” 3. On perusal of the petition, it transpires from the index of the petition that Annexure P/5, which is the copy of Medical Registration Certificate of the Petitioner, has been shown to be placed at Page No.251, however, on examination of the paper-book, it is evident that the petitioner has annexed documents only up to Page No.243. Thus, there is a clear discrepancy in the pagination of the petition and the Index. The petition, as presented, suffers from material defects and reflects a casual and sketchy approach in its preparation, particularly inasmuch as the index does not match with the actual pagination of the 3 / 3 paper-book, therefore, we are not inclined to entertain the present petition. In such eventuality, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper pagination. 4. Learned State counsel has no objection. 5. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioner in the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur. 6. Certified copy of the FIR, charge-sheet and other documents may be returned back to the petitioner after retaining a photocopy of the same. SD/- SD/- SD/- SD/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ashu