Ajay Bhagat Vs State of Chhattisgarh

2 - Mr. Amol Ameen S/o Naryan Balkrishn Ameen Aged About 55 Years R/o Flat No. 604 Building No. 21 Ashok Ratan Vidhansabha Road, Police Station Kamhadeh, Raipur, (Chhattisgarh)

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3 - Mrs. Swati Ameen W/o Amol Ameen Aged About 50 Years R/o Flat No. 604 Building No. 21 Ashok Ratan Vidhansabha Road, Police Station Kamhadeh, Raipur (Chhattisgarh)

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4 - Mr. Manjeet Singh Hura S/o Late Buta Singh Hura Aged About 57 Years The Authorized Officer Of Laxmi Mahila Nagrik Bank, Raipur

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... Respondent(s)

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(Cause title taken from Case Information System)

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For Petitioner(s) :	Ms. Surya Kawalkar Dangi, Advocate
For Respondent(s)/State :	Ms. Pragya Shrivastava, Deputy G.A.
For Respondent No.4 :	Mr. Raja Sharma, Advocate
For Respondents No. 2 and 3 :	None

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VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.10.13 18:53:40 +0530

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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board

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2

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13/10/2025

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The present criminal miscellaneous petition has been filed against the order dated 18.11.2021, passed by learned 3^rd Additional Sessions Judge, Raipur in Criminal Revision No. 119 of 2021, whereby the criminal revision filed by the petitioner against the order dated 25.09.2021, passed by learned Additional Chief Judicial Magistrate, Raipur in unregistered case (Ajay Bhagat v. State of Chhattisgarh) has been rejected.

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In the present case, the petitioner had filed an application under Section 156(3) of the CRPC before the learned trial Court for a direction to the police to register the FIR and to investigate into the matter, however, the said application was rejected by the learned trial Court on 25.08.2021. The order dated 25.08.2021 was challenged before the learned Revisional Court and the revision filed by the petitioner has also been dismissed.

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At the outset, learned counsel for the petitioner would submit that, although the petitioner has challenged the orders dated 25.08.2021 and 18.11.2021 rejecting the application of the petitioner under Section 156(3) of CRPC, however, in view of the remedy to file the duly constituted complaint case under Section 200 of CRPC (Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023 ), he may be permitted to not press the present criminal miscellaneous petition with liberty to file duly constituted petition before the learned trial Court and the orders dated 25.08.2021 passed by learned trial Court rd

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and 18.11.2021, passed by learned 3 Additional Sessions Judge,

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3

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Raipur may not come on the way of considering the complaint case, which the petitioner is going to file before the learned trial Court.

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On the other hand, learned counsel appearing for the respective respondents oppose.

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Considering the submissions made by learned counsel for the petitioner, the present CRMP is dismissed as not pressed, with liberty in favour of the petitioner to file duly constituted complaint case, in accordance with law . If such complaint is filed by the petitioner before the learned trial Court, the same shall be considered without influencing by the order passed by them, while deciding the application under Section 156(3) of CRPC.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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ved

Ajay Bhagat v. State of Chhattisgarh

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Ajay Bhagat v. State of Chhattisgarh

Case brief

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