Petitioner filed a writ petition to quash an FIR under Section 420 IPC and Section 66D IT Act. Counsel sought withdrawal. Court dismissed the petition as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPCR No. 146 of 2023
Ashok Kumar Awasthi S/o Late Shrinarayan Awasthi Aged About 70 Years Occupation - Retired Employee, R/o House No. 505, A.B. Nagar, Behind - Sunder Cinema, Police Station - Kotwali, Sadar Unnav, District - Unnav (U.P.)
---- Petitioner
Versus
---- Respondents
(Cause-title taken from Case Information System)
For Petitioner : Mr. Roop Ram Naik, Advocate For State/Respondents : Ms. Madhunisha Singh, Dy. A.G.
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri N. K. Chandravanshi, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
11.08.2023
1. Heard Mr. Roop Ram Nayak, learned counsel for the petitioner and Ms. Madhunisha Singh, learned Deputy Advocate General, appearing for the State/respondent No.1 to 4.
2
2. The present writ petition has been filed by the petitioner with the following prayers:
“10.1 That, this Hon’ble Court may kindly be pleased to issue appropriate writ / direction / order by quashing / setting aside the First Information Report / Crime No. 17/2020 registered by the Police Station – Barsur, District, District Dantewada (C.G.) against the petitioner for the offence under Section 420 of Indian Penal Code and Section 66 D Information Technology Act, 2000 and further quashing for final report submitted for above mentioned offence (Annexure P-1).
10.2. That, this Hon’ble Court may kindly be pleased to issue appropriate writ/ direction/ order by quashing/ setting aside the consequential criminal proceeding arising out from the Crime No. 17/2020 registered by the Police Station – Barsur, District Dantewada, which is pending before the learned CJM, Dantewada, District Dantewada (C.G.), Criminal Case No. 1323/2022 (Annexure P/2).
10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case.”
3. Learned counsel for the petitioner submits that in the present case investigation has been concluded and charge-sheet has been submitted in the Court concerned and therefore, he prays for withdrawal of this writ
3
petition with a liberty to take recourse to law under Section 482 of Cr.P.C.
before the competent Court.
4. Learned Deputy Advocate General appearing for the respondents
5. In view of the submission made by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn with the aforesaid liberty, as prayed for.
Sd/- Sd/-
(N. K. Chandravanshi) (Ramesh Sinha)
Judge Chief Justice
Chandra
Ashok Kumar Awasthi
The State of Chhattisgarh Through The Secretary, Department of Law And Legislative Affairs
The Collector District Dantewada
The Superintendent of Police District Dantewada
The Station House Officer Police Station - Barsur
Saurajnath Nag
Ramesh Sinha
N. K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
