Dismissed¶27

Swaroop B. @ Bhagwan Swaroop Kumar v. State of Chhattisgarh

Chhattisgarh HC26 Feb 2025CRMP/733/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur CRMP 733 of 2025 decided 27.02.2025 Ramesh Sinha Chief Justice Ravindra Kumar Agrawal Judge; petitioner Swaroop B @ Bhagwan Swaroop Kumar versus State of Chhattisgarh PS Mohan Nagar Durg; quashing of FIR no. 290 of 2024 dated 30.6.2024 Section 376(2)(n) Indian Penal Code; charge sheet dated 03.09.2024 Crime No. 0290 of 2024; Sessions Trial No. 199/2024 State vs Swaroop Kumar B before District and Additional Sessions Judge (F.T.C) Durg; charges framed; petition dismissed as withdrawn with liberty to file fresh petition challenging order framing charge; advocates Om Kukreja and Hariom Rai Panel Lawyer; marked NAFR.

What did the court decide?

Liberty to the petitioner to file a fresh petition challenging the order framing charge before the appropriate forum, if so advised. ¶27

Swaroop B. @ Bhagwan Swaroop Kumar Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:9772-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 733 of 2025

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ROHIT KUMAR CHANDRA

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Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.27 14:47:46 +0530

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Swaroop B. @ Bhagwan Swaroop Kumar S/o Late Shyamlalrao Aged About 34 Years R/o Kundur, Sikakulam, District Sikakulam, Andhra Pradesh, Currently Residing At Kanha Vihar Colony, Tehsil And District Balodabazar Chhattisgarh.

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... Petitioner

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versus

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1 - State of Chhattisgarh Through Station House Officer, Police Station Mohan Nagar, District Durg, Chhattisgarh. 2 - XYZ Nil

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... Respondents

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(Cause-title taken from Case Information System)

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For Petitioner	: Mr. Om Kukreja, Advocate
For State/ Respondent No.1	: Mr. Hariom Rai, Panel Lawyer

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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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27.02.2025

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1. Heard Mr. Om Kukreja, learned counsel for the petitioner as well as Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1.

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

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“A. That, this Hon'ble Court may kindly be pleased to quash the First Information Report bearing no. 290 of 2024 registered by the Mohan Nagar Police Station dated 30.6.2024under Section 376(2)(n) of the Indian Penal Code, impugned Charge Sheet dated 03.09.2024, submitted for the offences made punishable under Sections-376 (2) (n) of the Indian Penal Code filed in connection to Crime No.-0290 of 2024, Under Sections376 (2) (n) of the Indian Penal Code, Police Station-Mohan Nagar, District-Durgand further proceedings in Session trial No.199/2024 (State vs. Swaroop Kumar B.) pending before the Court of District and Additional Sessions Judge (F.T.C), Durg (C.G);

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B. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”

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3. Mr. Om Kukreja, learned counsel for the petitioner submits that though the present CRMP has been filed for quashing of the FIR as well as the charge-sheet, but in the present case, charges have been framed against the petitioner, as such, he prays that the present petition be dismissed as withdrawn with the liberty to file the order framing charge.

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4. Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1, has no objection.

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5. Prayer appears to be fair and reasonable.

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6. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the liberty to the petitioner to file a fresh petition challenging the order framing charge before the appropriate forum, if so advised.

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

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Chandra

Swaroop B. @ Bhagwan Swaroop Kumar v. State of Chhattisgarh

Case brief

What is this about?

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Swaroop B. @ Bhagwan Swaroop Kumar v. State of Chhattisgarh

Case brief

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