The High Court dismissed a petition seeking quashing of an FIR, holding that the matter was not fit for interference as the trial was almost complete, charges were framed, and evidence had been recorded.
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2024:CGHC:33759-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 1553 of 2019
1 - Dharamchand Agrawal S/o Late Shri Laxmi Narayan Aged About 65 Years
2 - Smt. Lalita Devi W/o Shri Dharamchand Agrawal Aged About 60 Years
3 - Saurabh Agrawal S/o Shri Dharamchand Agrawal Aged About 35 Years
4 - Navin Agrawal S/o Shri Dharamchand Agrawal Aged About 34 Years
All the petitioners R/o Baldev Bagh, Ward No. 14, Rajnandgaon, Tahsil And District- Rajnandgaon, Chhattisgarh.
... Petitioners
versus
1 - State Of Chhattisgarh Through The OfÏcer-In-Charge, Police Station Kotwali (Rajnandgaon), District- Rajnandgaon, Chhattisgarh.
2 - Smt. Kamlesh Saraswat W/o Shri Dharamendra Saraswat Aged About 43 Years R/o Ward No.1, Ambagarh-Chaowki, District- Rajnandgaon, Chhattisgarh
... Respondents
For Petitioners : Mr. Pragalbh Sharma, Advocate. For Respondent : Mr. Nitansh Jaiswal, Panel Lawyer For Respondent No. 2 : Mr. Punit Ruparel, Advocate.
Hon’ble Mr. Ramesh Sinha, Chief Justice
Hon’ble Mr. Bibhu Datta Guru, Judge
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Order on Board
Per Ramesh Sinha, Chief Justice
03/09/2024
1. By this petition, the petitioner has prayed for the following relief(s):
2. At the vert outset, Mr. Punit Ruparel, learned counsel appearing for the respondent No. 2 submit that the charges have been framed, evidence of the witnesses have been recorded and the case is fixed for final arguments and the trial is at the verge of its completion.
3. Learned counsel for the petitioner as well as learned State counsel does not controvert the above submission.
4. This petition was filed on 23.06.2019 and the matter was listed before the Court on 03.07.2019 when notices were directed to be issued to the respondent No. 2. Thereafter, the matter was listed on 18.01.2021, 02.03.2023 and 13.03.2023. Thereafter, the matter has been listed before this Court today.
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5. Till date, even there is no interim order in favour of the petitioner and as such, keeping in view the submissions advanced by learned counsel for the parties, and further in view of the fact that the trial is almost at the verge of its completion, we do not find it a fit case for interference and as such, this petition is dismissed .
Sd/(Bibhu Datta Guru) JUDGE
Sd/(Ramesh Sinha) CHIEF JUSTICE
Amit
AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2024.09.03 19:36:19 +0530
1 issue framed by the court
Whether the petition for quashing of FIR is maintainable when the trial is at the verge of completion and no interim order has been granted?
Dharamchand Agrawal
Smt. Lalita Devi
Saurabh Agrawal
Navin Agrawal
State Of Chhattisgarh
Smt. Kamlesh Saraswat
Ramesh Sinha
Bibhu Datta Guru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
