Lalit Agrawal Vs State of Chhattisgarh

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MANPREET KAUR

2025:CGHC:16837-DB

NAFR

Digitally signed by MANPREET KAUR Date: 2025.04.15 10:59:31 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 1282 of 2025

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Lalit Agrawal S/o Late Jagdish Prasad Agrawal Aged About 58 Years R/o Ashwani Nagar, Near Teli Dharamshala, Mahadev Ghat Road, Raipur, Tehsil And District- Raipur (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Ministry Of Home, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.)

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2 - The Station House Officer Police Station Gol Bazar, Raipur, DistrictRaipur (C.G.)

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3 - Somnath Batra S/o Late Khan Chand Batra Aged About 70 Years R/o Panchwati Nagar, Mowa, Pandri, Raipur, Tehsil And District- Raipur (C.G.)

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... Respondent(s)

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For Petitioner(s) : Mr. Raza Ali, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge

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Judgment on Board

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Per Ramesh Sinha, Chief Justice

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11.04.2025

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2

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1. Proceedings of this matter have been taken through video conferencing.

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2. Heard Mr. Raza Ali, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate for respondents No.1 and 2 / State.

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3. The petitioner has filed this petition praying for following relief:-

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“It is, therefore, prayed that this Hon'ble Court may be pleased to exercise its inherent jurisdiction under Section 528 of BNSS and in exercise thereof admit the petition, call for the records and after hearing the parties in the matter, quashing entire charge sheet including the FIR No.146/2019 filed before the JMFC, Raipur, under Section 420, 34 of IPC and in consequences quash the order of taking cognizance and entire criminal case (i.e. Criminal case no. 888/2025 between State Vs. Ashok Khandelwal) being abuse of process of court and abuse of process of law and also in violation of petitioner's fundamental rights and in peculiar factual matrix of case and in interest of justice.”

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4. From perusal of the relief prayed for in the present petition, it transpires that the same is a defective one as the counsel for the petitioner has not mentioned the particulars of the order taking cognizance with respect to the date of passing of order and he has only drafted a vague and sketchy prayer.

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5. In view of the same, learned counsel for the petitioner prays to withdraw the present petition with liberty to file afresh.

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6. Accordingly, this petition is dismissed as withdrawn , with liberty to file petition afresh with proper prayer and pleadings, subject to depositing a sum of Rs.2,000/- as cost by the petitioner in the

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Registry of this Court within a period of one week from today, and the same shall be transmitted to the Government Home for Mentally Underdeveloped Children, Mana Camp, District- Raipur (C.G.).

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7. Learned Panel Lawyer appearing for respondents No.1 and 2 / State is present.

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8. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same, subject to deposit of the fine amount.

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Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha ) Judge Chief Justice

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Manpreet

Lalit Agrawal v. State of Chhattisgarh

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Lalit Agrawal v. State of Chhattisgarh

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