Dismissed¶35

Pramod Dansena v. State of Chhattisgarh

Chhattisgarh HC19 Jan 2025CRMP/188/2025

Case brief

AI extract

What is this about?

CRMP No. 188 of 2025, High Court of Chhattisgarh at Bilaspur, decided 20.01.2025 (Ramesh Sinha, CJ; Ravindra Kumar Agrawal, J). Pramod Dansena (police personnel) v. State of Chhattisgarh & Ors. Quashing petition under Section 528 BNSS, 2023 against Magistrate's order dated 03.01.2025 (JMFC Katghora, Korba) allowing respondent No. 3's Section 156(3) Cr.P.C. application and directing SP Korba to register FIR. Interim direction of 17.01.2025 for personal affidavit of SP re non-registration of FIR; FIR lodged on 17.01.2025. Held: no good ground for interference; petition dismissed with liberty to take recourse to the FIR.

What did the court decide?

No relief on merits; petitioner granted liberty to take recourse to the FIR lodged against him. ¶35

Pramod Dansena Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:3384-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 188 of 2025

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Pramod Dansena S/o Late Shri Purushottam Prasad Dansena Aged About 41 Years R/o Yamuna Vihar, N.T.P.C. Jamnipali, Darri Korba, District : Korba, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State of Chhattisgarh Through Incharge of Police Station Bankimongra, District : Korba, Chhattisgarh

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2 - Superintendent of Police Korba, District : Korba, Chhattisgarh

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3 - Ramlal Chouhan S/o Malik Ram Chouhan Aged About 77 Years R/o Kudripara Main Road, Infront Of Hatri, Bankimongra, Tehsil Katghora, District : Korba, Chhattisgarh

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... Respondent(s)

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ROHIT KUMAR CHANDRA

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Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.20 18:18:51 +0530

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_________________________________________________________ For Petitioner : Mr. Manoj Paranjpe, Advocate For Respondent Nos.1 & 2 : Mr. Sangharsh Pandey, Govt. Advocate /State

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_________________________________________________________ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

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Order on Board

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Per Ramesh Sinha, Chief Justice

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20. 01.2025

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Heard Mr. Manoj Paranjpe, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State/respondent Nos.1 & 2.

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The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner with the following prayer :-

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“It is, therefore, prayed that the Hon’ble Court may kindly be pleased to allow the instant petition and the impugned order dated 03.01.2025 (Annex. P/1) may kindly be set-aside and the application under Section 156(3) of Code of Criminal Procedure may also kindly be set-aside, so far as it relates to the petitioner is concern.

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On 17.01.2025, the following order was passed :-

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“Heard Mr. Manoj Paranjpe, learned counsel for the petitioner. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for respondents No. 1 & 2/State.

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It is stated by the learned counsel for the petitioner that petitioner, who is the Police personnal seeking quashment of impugned order dated 03.01.2025 passed by the learned Judicial Magistrate First Class, Katghora, District Korba (C.G.) (for short, ‘Magistrate’), whereby the application under Section 156(3) of the Cr.P.C. filed by the respondent No. 3 has been allowed and the Superintendent of Police, Korba has been directed to register the FIR against the petitioner and after investigation the final report has been directed to be submitted. He further states that the order of the learned Magistrate is not only illegal and erroneous, but is also contrary to the well settled legal principles.

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On a pointed query being made by the learned State counsel whether FIR has been registered or not, learned State counsel states that no FIR has been registered against the petitioner till date.

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The Superintendent of Police, Korba, is directed to file his personal affidavit calling upon the explanation

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on the Station House Officer as to why the FIR has not been registered against the petitioner till date despite the order passed by the learned Magistrate on 03.01.2025 for registering the FIR against the petitioner.

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A copy of this order be sent to the Superintendent of Police, Korba, through the learned State counsel for information and necessary action forthwith.

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Let this matter be placed before this Court for consideration of the personal affidavit that would be filed by the Superintendent of Police, Korba, on 20.01.2025.”

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Today when the matter is taken up for hearing, it has been stated by learned State counsel that in compliance of the Court’s order dated 17.01.2025, an affidavit has been filed by the Superintendent of Police, Korba, whereby it has been informed that FIR has been lodged against the petitioner on 17.01.2025.

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Considering the fact that FIR has already been lodged against the petitioner on 17.01.2025, we do not find any good ground for interference in the present matter.

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Accordingly, the instant petition is dismissed. However, the petitioner is at liberty to take recourse to the FIR which as been lodged against him.

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

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Chandra

Pramod Dansena v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Pramod Dansena v. State of Chhattisgarh

Case brief

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