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2025 Supreme(Online)(Chh) 7794
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Shivkumar Cherwa – Appellant
Versus
State Of Chhattisgarh – Respondent
CRMP No. 2157 of 2025
Important Points
Subject
Criminal Law - Quashing of FIR
Act Referred
Headnote
(B) Procedural Requirements - Court emphasizes that petitions must be clearly framed with appropriate prayers to be considered.
For the Appellants/Petitioners:Mr. Vishwanath Shrivas, Advocate on behalf of Mr. U.P.S. Sahu, Advocate
For the Respondents/State: Mr. Nitansh Jaiswal, Panel Lawyer
| Table of Content |
|---|
| 1. vague petitions can be withdrawn with liberty to refile. (Para 1 , 4) |
| 2. petitioner must properly frame relief requests. (Para 2) |
| 3. vagueness in petitions can lead to dismissal. (Para 3) |
For Petitioner : Mr. Vishwanath Shrivas, Advocate on behalf of Mr. U.P.S. Sahu, Advocate For Respondents/ State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice
10/07/2025
1. Heard Mr. Vishwanath Shrivas, learned counsel on behalf of Mr.
U.P.S. Sahu, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer for the respondents/ State.
2. The petitioner has filed this petition praying for following relief:-
“1. That, Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.
2023 filed by the petitioner, in the interest of justice.
2. That, Hon'ble Court may kindly be pleased to quash the FIR bearing No. 53/2024 registered on dated 08.08.2024 at police station Pasta, District Balrampur-Ramanujganj Chhattisgarh filed under section 64(2)(m), 69, 351(2), 303(2), 115(2) of B.N.S. 2023 in the interest of justice.
3. That, Hon'ble Court may kindly be pleased to quash entire charge sheet dated 16.05.2025 before learned Sessions Judge Balrampur Place Ramanujganj Chhattisgarh under section 64(2)(m), 69, 351(2), 303(2), 115(2) of B.N.S. 2023 in the interest of justice.
4. That, Hon'ble Court may kindly be pleased to quash cognizance taken by the learned Sessions Judge Balrampur Place Ramanujganj Chhattisgarh, in the interest of justice.
5. That, Hon'ble Court may kindly be pleased to quash entire criminal proceeding of Sessions Trial No. 56/2025 pending before the learned Sessions Judge Balrampur Place Ramanujganj Chhattisgarh against the petitioner, in the interest of justice.
6. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.”
3. Learned counsel for the petitioner submits that due to some personal reasons, the arguing counsel of the present matter, Mr.
U.P.S. Sahu is not available today.
4. At the time of hearing, learned State counsel has pointed out that the present petition has been filed by the petitioner without appropriate prayer which is defective one as the charges have been framed against the petitioner which reflects from the order sheet dated 16/05/2025 (Annexure P/2) and the same has also not been challenged herein, therefore, the present petition may not be entertained with such a vague and sketchy prayer to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file afresh with proper prayer.
5. Learned State counsel has no objection.
