Monith Kumar Mulle Vs State of Chhattisgarh

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1

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2025:CGHC:2627-DB

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 167 of 2025

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Monith Kumar Mulle S/o Vijay Kumar Mulle Aged About 38 Years R/o Sri Shri Homes Almasguda, Badgapet, Police Station Meerpet, District Rangareddy Telangana State), Occupation Design And Estimation Engineer Working With Egis Consulting India Private Limited.

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... Petitioner(s)

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versus

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1. State of Chhattisgarh Through Thana Incharge, Police Station Mahila Thana, District Durg, Chhattisgarh.

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2. Smt. Amrita Monith Mulle W/o Monith Kumar Mulle Aged About 36 Years R/o Near Shahid Bhagat Singh Road, Vivekanand Nagar, Street No. 12, Junwani Road, P.S. Smriti Nagar, District Durg Chhattisgarh, Education Master of Business Administration (M.B.A.)

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...Respondent(s)

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For Petitioner : Mr. Sandeep Jha, Advocate. : For Respondent/State Mr. Malay Jain, Panel Lawyer.

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Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date: 2025.01.16 16:54:49 +0530

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2

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board

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Per Ramesh Sinha, Chief Justice

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16. 01.2025

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1. Heard Mr. Sandeep Jha, learned counsel for the petitioner. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for respondent No. 1/State.

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2. The present petition has been filed by the petitioner with the following prayer:

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“ It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to allow this petition and quash the impugned first information report (0038/2024), charge-sheet No. 55/24 and entire criminal proceedings initiated against the petitioner pursuant to impugned first information report dated 30.07.2024 for the offence punishable under Section 498-A of Indian Penal Code/85 of BNS registered at P.S. Mahila Thana, Durg in the interest of justice. ”

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3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offence has been taken by the learned trial Court and the petitioner has prayed for quashing of the FIR, charge-sheet and the proceedings pending before the trial Court, but,

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3

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in the opinion of this Court, the prayer is defective one as the petitioner has not prayed for quashing of the order taking cognizance of the offences by the trial Court which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner, to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer.

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4. Learned State counsel has no objection.

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5. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for 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 said amount shall be transmitted to the Children Observation Home, Bilaspur.

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6. Certified copy of the FIR, charge-sheet along with the entire ordersheet may be returned back to the petitioner after retaining a photocopy of the same.

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Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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Brijmohan

Monith Kumar Mulle v. State of Chhattisgarh

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Monith Kumar Mulle v. State of Chhattisgarh

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