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2025 Supreme(Online)(Chh) 7063
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Aarti Sharma – Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station-Bemetara – Respondent
CRMP No. 2018 of 2025
For the Appellants/Petitioners: Mr.Abhyuday Tripathi
For the Respondents: Mr.Hariom Rai
Court dismissed petition for not challenging cognizance and lacking necessary documentation.
Headnote:This petition was filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to quash FIR No. 103/2021 and chargesheet dated 01/06/2022. The petitioner failed to challenge the cognizance order or provide essential documents, rendering the request deficient. Consequently, the petition was dismissed, granting the petitioner leave to file a fresh request with a cost of Rs.1000.
| Table of Content |
|---|
| 1. petitioner failed to challenge necessary orders and provide key documents. (Para 2 , 3) |
| 2. petition dismissed; opportunity given to refile with correct documentation. (Para 4) |
| 3. issuance of certified copies post-dismissal. (Para 5) |
Order on Board
Per Ramesh Sinha, Chief Justice
1.7.2025
1. Heard Mr.Abhyuday Tripathi, learned counsel for the petitioner as well as Mr.Hariom Rai, learned Panel Lawyer appearing for respondent No.1/State.
2. The present petition has been filed by the petitioner under Section
528 of the Bhartiya Nagrik Suraksha Sanhita , 2023 with the following prayer :-
“It is therefore prayed that the Hon’ble Court may be kind enough to allow the petition and to quash/set aside the impugned FIR No.103/2021 dated 09/02/2021 and impugned Chargesheet/Final Report dated 01/06/2022 registered/filed against the petitioner, in the interest of justice.”
3. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioner has prayed for quashing/setting aside of the First Information Report dated 9.2.2021 and charge-sheet/final report dated 01.06.2022, but he has not challenged the order taking cognizance and also not filed the copies of order-sheets of the trial Court, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one.
4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.1,000/- as cost by the petitioner in the Registry of this Court and the same shall be transmitted to the Government Disabled College, Mana Camp, Raipur (C.G.).
5. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioners after retaining the photocopies of the same.
