Disposed

Khusboo Nayak v. Ghanshyama Patel

Chhattisgarh HC9 Dec 2024CRR/222/2022

Case brief

AI extract

What is this about?

The court disposed of a criminal revision petition after the trial court proceedings were terminated. Liberty was granted to the applicant to raise all grounds in an impending appeal against the trial court's order, clarifying that the dismissal of the revision would not bar the appeal.

What did the court decide?

Liberty reserved to raise all grounds in the appeal to be filed against the order dated 30.11.2024.

Khusboo Nayak Vs Ghanshyama Patel — Chhattisgarh HC (2024) — LawSathi Research

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2024:CGHC:48515

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRR No. 222 of 2022

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Khusboo Nayak W/o Chitrakant Patel Aged About 26 Years R/o C/o R.P. Nayak, Block 33, H. No. 24/1064, Ravinagar, Rajatalab, P.S. Civil Lines, Raipur (C.G.)

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... Applicant

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versus

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1 - Ghanshyama Patel S/o Late Gadarai Patel Aged About 69 Years

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2 - Smt. Ambika Devi Patel W/o Ghanshyam Patel Aged About 66 Years

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Both R/o Village Dhangaon, Post Putkapuri, Tehsil Pusaur, Distt. Raigarh (C.G.)

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3 - Smt. Urmila Nayak W/o Narendra Nayak Aged About 49 Years R/o Village Kusmura, Post Kotra, District Raigarh Chhattisgarh.

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4 - Smt. Anita Patel W/o Late Jhanakram Patel Aged About 48 Years R/o Village Teknabhata, Post Akol Jemura, District Janjgir Champa, Chhattisgarh. 5 - Smt. Sunita Patel W/o Sanat Patel Aged About 46 Years R/o C/o Sanjay Goyal Gali Near Pranami Mandir, Kotra Road, District Raigarh, Chhattisgarh. 6 - Smt. Bina Patel W/o Chatrapal Singh Patel Aged About 40 Years R/o Village Terva Naka, Near J.J. Hospital, Bilaspur Chhattisgarh.

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7 - Smt. Neelam Patel W/o Satish Patel Aged About 42 Years R/o H.No. 123, Block C, Sector-1, Near Guru Medical Devendra Nagar, Raipur Chhattisgarh. 8 - Smt. Rajni Patel W/o Bhagirathi Patel, Aged About 35 Years R/o H.No. B- 42, Rama Green City, Khamtarai Road, Bilaspur Chhattisgarh.

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9 - Smt. Rachna Patel W/o Dhirendra Patel, Aged About 38 Years R/o H. No. 22, Sicth Floor, G-10, Block Chouhan House, Town Junwani, Bhilai, Durg Chhattisgarh. ... Respondents

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(Cause title is taken from the CIS)

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Crr 222 of 2024

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For Applicant : Ms Ruchi Nagar, Advocate For Respondents : Shri Vijay K Deshmukh, Advocate

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Hon'ble Shri Justice Ravindra Kumar Agrawal

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Order on Board

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10.12.2024

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On 03.12.2024, learned counsel for the respondents had submitted that the proceeding before the learned trial Court has already been terminated by passing order dated 30.11.2024, therefore, this petition would become infructuous.

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After seeking the instructions, learned counsel for the applicant does not dispute the fact that the proceeding before the learned trial court has already been terminated by its order dated 30.11.2024. However, she would submit that since the interim order has been challenged in the revision before the First Additional Session Judge, Raipur in CRA-92 of 2020, which was allowed vide order dated 16.12.2021, which is under challenge in the present revision petition but in view of the fact that proceeding before the learned trial Court has already been terminated vide its order dated 30.11.2024, she may be permitted to withdraw this petition with liberty to raise all the grounds which have been raised in the present revision petition in the appeal which is going to be filed against the order dated 30.11.2024, and the dismissal of the present revision may not come in the way in deciding the appeal, which is to be filed before the appellate Court.

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Crr 222 of 2024

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Submissions made by learned counsel for the applicant are not opposed by learned counsel for the respondents.

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As prayed by learned counsel for the applicant, present revision petition stands disposed of on the ground that application filed by the applicant has been decided by the learned trial Court vide its order dated 30.11.2024, and the proceeding has been terminated. However, liberty is reserved to the applicant to raise all the grounds in the appeal available to her, including the grounds of this petition also.

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Sd/-

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(Ravindra Kumar Agrawal) JUDGE

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padma

Khusboo Nayak v. Ghanshyama Patel

Case brief

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Khusboo Nayak v. Ghanshyama Patel

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