Petitioners filed a petition under Section 482 Cr.P.C. seeking quashing of an FIR for extortion and common intention. The court dismissed the petition, allowing objections to be raised before the trial court at an appropriate stage, noting no interim order existed.
Petition for quashing of FIR dismissed; liberty to raise objections before trial court.
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 / 3
2024:CGHC:43729-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 377 of 2020
1. Kunal Rathi S/o Rajkumar Rathi, Aged About 24 Years R/o Avanti Vihar Colony, Raipur, District Raipur, Chhattisgarh.
2. Jasvinder Singh Chawla, S/o Shri Mohan Singh Chawla, Aged About 63 Years R/o Shankar Nagar, Raipur, District Raipur, Chhattisgarh.
... Petitioners
versus
1. State of Chhattisgarh Through Station House OfÏcer, Police Station Gudiyari, District Raipur, Chhattisgarh.
2. Deepak Agrawal S/o Shri Rambhagat Agrawal, Aged About 40 Years R/o Near New Talab, Gudiyari, Raipur, District Raipur, Chhattisgarh. Complainant
...Respondents
| For Petitioners | : Mr. Ali Afzal Mirza, Advocate. |
|---|---|
| For Respondent/State | : Mr. Swajeet Ubeja, Panel Lawyer. |
| For Respondent No. 2 | : Mr. Pragalbha Sharma, Advocate. |
Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: 2024.11.11 16:47:41 +0530
2 / 3
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board
Per Ramesh Sinha, Chief Justice
11. 11.2024
1. Heard Mr. Ali Afzal Mirza, learned counsel for the petitioners. Also heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for respondent No. 1/State and Mr. Pragalbha Sharma, learned counsel, appearing for respondent No. 2/complainant.
2. The petitioner by way of instant petition under Section 482 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’), invoking the extraordinary jurisdiction of this Court for quashment of the FIR registered by the Police Station Gudiyari, Raipur, District Raipur (C.G.) bearing Crime No. 228 of 2019 for the offences punishable under Sections 384 and 34 of the Indian Penal Code (IPC).
3. Learned counsel for the petitioners submits that in the present case after due investigation, charge-sheet has been submitted against the petitioners before the competent Court.
4. Learned State counsel as well as learned counsel, appearing for respondent No. 2/complainant also endorse the said submission made by the learned counsel for the petitioner.
5. We have heard learned counsel for the parties and perused the material available on record.
6. It transpires from the record that in the present case no interim order has been passed in favour of the petitioners.
3 / 3
7. Considering the submissions made by the learned counsel for the petitioner, the present petition is dismissed leaving it open to the petitioners to take all objections and plea before the trial Court at an appropriate stage.
Sd/- Sd/- (Amitendra Kishore Prasad) (Ramesh Sinha) Judge Chief Justice
Brijmohan
1 issue framed by the court
Whether the petition for quashing of FIR bearing Crime No. 228 of 2019 under Sections 384 and 34 of IPC should be allowed after charge-sheet was submitted.
2 provisions across 2 enactments
Kunal Rathi
Jasvinder Singh Chawla
State of Chhattisgarh
Deepak Agrawal
Ramesh Sinha
Amitendra Kishore Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
