Dismissed¶24

Tulsi Ram Sahu v. State of Chhattisgarh

Chhattisgarh HC11 Jun 2025CRMP/1320/2025

Case brief

AI extract

What is this about?

CRMP 1320/2025; Chhattisgarh High Court Bilaspur; Section 528 BNSS; quashing of FIR No. 250/2022 and final report/chargesheet No. 293/22; JMFC Rajnandgaon; cognizance already taken; defective/casual prayer; dismissal with liberty to file afresh; Rs.2,000/- cost; Government Special School for Intellectual Retardation Rajnandgaon; Ramesh Sinha CJ; Bibhu Datta Guru J.

What did the court decide?

Liberty to file a fresh petition with appropriate prayer, subject to depositing Rs.2,000/- as cost in the Registry of the Court within one week, to be transmitted to the Government Special School for Intellectual Retardation, G.E. Road, District – Rajnandgaon (C.G.); certified copies of annexed documents to be returned to petitioner's counsel after retaining photocopies. ¶24

Tulsi Ram Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the petition under Section 528 BNSS seeking quashing of FIR No. 250/2022 and the final report/chargesheet No. 293/22 merits consideration when the prayer neither mentions the particulars of the offences nor challenges the order taking cognizance, despite charge-sheet having been filed and cognizance taken.

¶23

Court's answer

Since charge-sheet was already submitted and cognizance taken, the petitioner's prayer confined to quashing of the FIR and final charge-sheet, without stating the offences or challenging the cognizance order, was casually drafted, wasted the Court's time, and is defective.

¶23

Ratio / Principle

On this ground alone the petition is dismissed, with liberty to file a fresh petition with appropriate prayer, subject to deposit of Rs.2,000/- as cost in the Registry within one week, to be transmitted to the Government Special School for Intellectual Retardation, G.E. Road, District – Rajnandgaon (C.G.).

¶24

Key takeaways

Certified copies of the documents annexed with the petition are to be returned to the petitioner's counsel after retaining photocopies.obiter¶26

Detailed headnote1 paragraphs

Chhattisgarh High Court (CRMP No. 1320 of 2025, decided 12.06.2025, Per Ramesh Sinha, CJ): Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita seeking quashing of FIR No. 250/2022 dated 22.09.2022 and the chargesheet/final report No. 293/22 pending before the JMFC, Rajnandgaon, DISMISSED on the ground that the prayer was defective — charge-sheet had already been submitted and cognizance taken, yet the petitioner sought quashing of only the FIR and final charge-sheet without mentioning the particulars of the offences or challenging the cognizance order; the prayer was held casually drafted and wasteful of the Court's time. Liberty granted to file a fresh petition with appropriate prayer, subject to deposit of Rs.2,000/- as cost in the Registry within one week, to be transmitted to the Government Special School for Intellectual Retardation, G.E. Road, District – Rajnandgaon (C.G.); certified copies of annexed documents to be returned to counsel after retaining photocopies.

2025:CGHC:23252-DB

NAFR

ROHIT KUMAR CHANDRA

Digitally signed by ROHIT KUMAR CHANDRA

¶6

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 1320 of 2025

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Tulsi Ram Sahu S/o Lochan Ram Sahu Aged About 48 Years R/o Ward No. 52 Bamleshwari Colony, Durg, Tehsil And District Durg, (C.G.)

¶9

... Petitioner(s)

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versus

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1 - State of Chhattisgarh Through The Station House Officer, Police Station- Somni, District- Rajnandgaon (C.G.)

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2 - Poornima Sinha W/o Late Somen Sinha Aged About 67 Years R/o Do Tara Shankar Saarni, District- Kolkata, West-Bengal

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... Respondent(s)

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----------------------------------------------------------------------------------------------- For Petitioner : Mr. Shrestha Gupta, Advocate For Respondent No.1 /State : Mr. Hariom Rai, Panel Lawyer

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Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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12.06.2025

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Heard Mr. Shrestha Gupta, learned counsel for the petitioner as well as Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1.

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The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with the following prayers :-

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“It is therefore most respectfully prayed that this Hon'ble Court may kindly be allow this petition and set aside/quash the FIR no. 250/2022 dated 22.09.2022 along with the chargesheeet with final report no. 293/22 (Annexure-P/1) which is pending before the Judicial Magistrate First Class Rajnandgaon (C.G.) in the interest of justice.”

¶23

From perusal of the prayers and pleadings made in the instant petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offences has been taken by the competent Court and the petitioner has only prayed for quashing of the FIR as well as the final charge-sheet, but, the petitioner has only prayed for quashing of the FIR as well as the final charge-sheet without mentioning the particulars of the offences under which the FIR has been registered and without challenging the order taking cognizance, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one.

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Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.2,000/- as cost by the petitioner in the Registry of this Court within a period of one week from today and the same shall be transmitted to the Government Special School for Intellectual Retardation, G.E. Road, District – Rajnandgaon (C.G.).

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Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioner after retaining the photocopies of the same.

¶27

Sd/Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

¶28

Chandra

Tulsi Ram Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Tulsi Ram Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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