Petitioners sought quashing of an FIR and charge-sheet filed against a third party. The Court held it was not inclined to interfere as the documents were filed against Smt. Shilpa Tiwari, not the petitioners, and dismissed the petition.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1877 of 2024
1. Naval Kishore Shukla S/o Ram Chandra Shukla, Aged About 71 Years R/o 635, Sector, 21-C, Faridabad, Haryana- 121001.
2. Amita Shukla W/o Naval Kishore Shukla, Aged About 67 Years R/o 635, Sector 21-C, Faridabad, Haryana-121001.
---- Petitioners
Versus
1. State of Chhattisgarh Through SHO Mahila Thana, Bilaspur, Chhattisgarh- 495001.
2. Ekta Shukla W/o Kshitij Shukla, Aged About 32 Years R/o Plot No. 54A, Phase 1 Masjid Road, Rajkishore Nagar, Bilaspur, Chhattisgarh 495006
---- Respondents
(Cause-title taken from Case Information System)
For Petitioners : Mr. Ashish Shrivastava, Senior Advocate, assisted by Mr. Rahul Ambast, Advocate. : For Respondent/State Mr. Shashank Thakur, Deputy Advocate General.
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
18.07.2024
1. Heard Mr. Ashish Shrivastava, learned Senior Advocate, assisted by Mr. Rahul Ambast, learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned counsel, appearing for respondent No.1/State.
2. The present petition has been filed by the petitioners with the following prayer:
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“ It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash and set aside the impugned FIR No. 27 of 2019 dated 19.07.2019 and charge-sheet 49A of 2019 dated 27.12.2019 (Annexure P/1) (colly.) and further quashing of the entire Criminal Case No. 133 of 2020 pending before the Judicial Magistrate First Class, Bilaspur (C.G.), in the interest of justice. ”
3. From perusal of the prayer and pleadings made in the present petition, it transpires that the petitioners have come up before this Court for quashing of the impugned FIR No. 27 of 2019 dated 19.07.2019 and charge-sheet No. 49A of 2019 dated 27.12.2019, but from perusal of the such charge-sheet, it appears that the said charge-sheet is filed against one Smt. Shilpa Tiwari and not against the present petitioners, therefore, we are not inclined to interfere with the matter.
4. Accordingly, the present CRMP is dismissed . However, the petitioners are at liberty to file a fresh petition.
Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice
Abhishek/Brijmohan
1 issue framed by the court
Whether the Court can quash the FIR and criminal case in view of the existence of a pending case against a different person.
Naval Kishore Shukla
Amita Shukla
State of Chhattisgarh
Ekta Shukla
Ramesh Sinha
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
