The High Court dismissed a petition seeking quashing of a final report and setting aside trial proceedings, noting the prayers were defective. The case was withdrawn with liberty to file afresh, subject to payment of court fees.
Petition dismissed as withdrawn with liberty to file afresh with proper prayers upon deposit of Rs. 2,000.
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2025:CGHC:6422-DB
NAFR
Digitally signed by ANURADHA ANURADHA TIWARI TIWARI Date:2025.02.05 16:55:39 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 458 of 2025
1 - Jeenat Meman S/o Shri Yusuf Memon Aged About 37 Years R/o Takhatpur Tahsil Takhatpur, District Bilaspur, C.G.
2 - Naseem Meman W/o Mohd Mahid Memon Aged About 35 Years R/o Sakin Musalman Mohalla, Takhatpur, Tahsil Takhatpur, District Bilaspur, C.G.
3 - Mohd Wahid Meman S/o Late Mohd Iqbal Memon Aged About 42 Years R/o Sakin Musalman Mohalla, Takhatpur, Tahsil Takhatpur, District Bilaspur, C.G.
... Petitioners
versus
1 - State of Chhattisgarh Through Station House Officer, Police Station Jarahagaon, District- Mungeli, C.G.
2 - Branch Manager Allahabad Bank, Branch Office At Vyapar Vihar, Bilaspur, C.G.
5 - Abdul Haleem S/o Mohammad Gaffar R/o Subhash Ward, Bada Bazar Mungeli, Teh. And Distt. Mungeli, C.G.
... Respondents
(Cause-title taken from Case Information System) For Petitioners : Mr. Himanshu Sinha, Advocate For Respondent-State : Mr. Shashank Thakur, Deputy Advocate General
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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board
Per Ramesh Sinha, Chief Justice
05.02.2025
1. Heard Mr. Himanshu Sinha, learned counsel for the petitioners and Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondent No.1.
2. The present petition has been filed by the petitioners with the following prayers:
“ i. To call for the entire records pertaining to the
petitioner’s case for the kind perusal of the Hon’ble Court.
ii. To quash the final report bearing no. 127/2023 dated 27.07.2023 (Annexure P/1).
Iii. To set aside the Trial proceedings bearing no. Criminal Trial No. 1764/2023 being carried out against the petitioners before the Chief Judicial Magistrate, Mungeli, District Mungeli (C.G.)
iv. Grant any other relief(s)/order(s)/direction(s) in favour fo the petitioner, which may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
v. Cost of the petition. ”
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3. On perusal of the prayers in the present petition, it transpires that the present petition is drafted with the prayers which are defective, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayers, 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.
4. Learned State counsel has no objection.
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 Government Special School for Visual & Hearing Impaired, Bilaspur, Chhattisgarh.
6. Certified copy of the impugned FIR and other documents may be returned back to the petitioner after retaining photocopy of the same.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice
Anu
Jeenat Meman
Naseem Meman
Mohd Wahid Meman
State of Chhattisgarh
Ramesh Sinha
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
