Swati Vs State of Chhattisgarh

“ 10.1 Call for the record and proceedings of the Reg. Cri. Case no. 3815 of 2023 (State of C.G. vs. Rajendra Uchke) pending in the Court of Ld. Judicial Magistrate First Class Rajnandgaon (C.G.).

¶25

10.2 to quash and set aside the impugned order dated 14/11/2025 (Annexure P/1) passed by the Ld. Principal District and Sessions Judge, Rajnandgaon (C.G.), in Criminal Revision Application No. 55/2025 (Swati Soni Vs State of CG & 1) and in consequence kindly also set aside the order dated 30/08/2025, passed in Reg. Cri. Case No. 3815/2023 (State of CgVs- Rajendra Uchke) by Ld. II Civil Judge, Jr. Division Court & JMFC Court, Rajnandgaon (C.G.), in the interest of justice. and/or,

¶26

10.3 Directions be kindly issued for further investigation in regard to seizure of the Mobile Phone number 8379916205 of the Victim, which is presently seized in Crime Number 284/2022 of Police Station Sadar, Nagpur, (M.H.). pending before learned JMFC Nagpur in RCC No. 4509/2022, and getting it examined by FSL to collect the subjected material, if available in it, and submitting of the report in charge sheet of Crime Number 92/2022 police StationKotwali, Rajnandgaon (C.G.), pending in court of learned JMFC Rajnandgaon (C.G.).

¶27

10.4 and/or any other relief as the Hon'ble Court may deem fit in the interest of justice, equity and good conscious. ”

¶28

3. Learned State counsel submits that the present petition has been

¶29

3

¶30

filed under Article 226 of the Constitution of India, whereas the grievance raised by the petitioner is required to be agitated by way of a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is, therefore, contended that the present petition is not maintainable.

¶31

4. Upon such objection being raised, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file an appropriate petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶32

5. Considering the submissions made by learned counsel for the parties, the prayer is allowed. Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner to file an appropriate petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in accordance with law.

¶33

Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice

¶34

Brijmohan

Swati v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Swati v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Parwati Vs State of Chhattisgarh

Neelesh Bhargav @ Chhota Vs State of Chhattisgarh

Smt. Soni Ajay Banjare Vs State of Chhattisgarh

K.K. Agrawal Vs State of Chhattisgarh

Omprakash Vs State of Chhattisgarh

Alakh Ram Vs State of Chhattisgarh