Jaswinder Singh Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Jaswinder Singh Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty to file a fresh petition with appropriate prayer and pleadings, subject to deposit of Rs.2,000/- as cost within one week, to be transmitted to the Government School for Visual and Hearing Impaired, Tifra, District - Bilaspur (C.G.); certified copies of annexed documents to be returned after photocopying, subject to deposit of the fine amount.

Issue for consideration

Whether the petition seeking quashing of FIR Crime No.750/2023, Final Report No.486/2024 and Criminal Case No.5056/2024 is maintainable when its prayer clause is vague and sketchy, neither challenging the cognizance order nor specifying the offences in the charge-sheet.

Court's answer

The prayer clause of the petition is vague, sketchy and defective: although the order taking cognizance was filed with the petition, it was not challenged, and the offences under which the charge-sheet was filed against the petitioner were not mentioned in the relief clause.

Ratio / Principle

The petition is dismissed as withdrawn, with liberty to file a fresh petition with appropriate prayer and pleadings, subject to deposit of Rs.2,000/- as cost by the petitioner in the Registry of this Court within one week, the said amount to be transmitted to the Government School for Visual and Hearing Impaired, Tifra, District - Bilaspur (C.G.).

Key takeaways

Certified copies of documents annexed in the petition, if any, are to be returned to the petitioner's counsel after obtaining photocopies, subject to deposit of the fine amount.obiter¶30

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), Division Bench of Ramesh Sinha, Chief Justice and Ravindra Kumar Agrawal, Judge (judgment per Ramesh Sinha, CJ), CRMP No. 203 of 2025, decided 20.01.2025 — Jaswinder Singh v. State of Chhattisgarh & Anr.: The petitioner sought quashing of FIR Crime No.750/2023, Final Report No.486/2024 and Criminal Case No.5056/2024 pending before the JMFC, Korba. The Court found the prayer clause vague, sketchy and defective since the order taking cognizance, though filed, was not challenged and the offences in the charge-sheet were not specified in the relief clause. On the counsel's prayer, the petition was dismissed as withdrawn with liberty to file a fresh, duly constituted petition with appropriate prayer and pleadings, subject to deposit of Rs.2,000/- as cost within one week, to be transmitted to the Government School for Visual and Hearing Impaired, Tifra, District - Bilaspur (C.G.); certified copies of annexed documents to be returned after photocopying, subject to deposit of the fine amount.

1

2025:CGHC:3295-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 203 of 2025

Jaswinder Singh S/o Harwansh Singh Aged About 40 Years R/o Darri Road, Korba, P.S. Kotwali, District Korba Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, Korba, District Korba Chhattisgarh.

2 - Guleshwari Bai W/o Rohit Das Aged About 38 Years R/o Ramsagarpara, Darri Road, Korba, P.S. Kotwali, District Korba Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Shishir Dixit, Advocate. For Respondent : Mr. Swajeet Ubeja, Panel Lawyer.

No.1/State

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

Judgment on Board

Per Ramesh Sinha, Chief Justice

20.01.2025

1. Heard Mr. Shishir Dixit, learned counsel for the petitioner. Also

2

heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for respondent No.1 / State.

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

“1. It is therefore, most respectfully prayed that the instant petition may kindly be allowed and the FIR bearing Crime No.750/2023, the Final Report No.486/2024 and proceedings of Criminal Case No.5056/2024 pending before the learned Judicial Magistrate First Class, Korba (C.G.) may kindly be quashed, in the interest of justice.

2. That, any other relief/order which this Hon’ble court may deem fit and just, in the fact and circumstances of the case be granted in the interest of justice.”

3. From perusal of the relief prayed for in the present petition, it transpires that though the order taking cognizance has been filed in the present petition, but the same has not been challenged and further offences under which the charge-sheet has been filed against the petitioners has also not been mentioned in the relief clause and the learned counsel for the petitioner has only drafted a vague and sketchy prayer and the same is a defective one.

4. Learned counsel for the petitioner prays to withdraw the petition with the liberty to file a duly constituted petition with an appropriate prayer.

5. Accordingly, this petition is dismissed as withdrawn , with liberty to file petition afresh with appropriate prayer and pleadings, 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

3

today, and the same shall be transmitted to the Government School for Visual and Hearing Impaired, Tifra, District - Bilaspur (C.G.).

6. Learned Panel Lawyer appearing for respondent No.1 / State is present.

7. 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.

Sd/- Sd/-

(Ravindra Kumar Agrawal) (Ramesh Sinha ) Judge Chief Justice

Manpreet