PRAHLAD RATHOUR vs STATE OF CHHATTISGARH

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CGHC010334642026 2026:CGHC:39300-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 2352 of 2026
Prahlad Rathour S/o Bodhan Singh Rathour, Aged About 42 Years R/o
Lalpur, Police Station - Gourela, District Gourela-Pendra - Marwahi
(C.G.)
... Petitioner
versus
1 - State of Chhattisgarh Through - The Station House Officer, Police
Station - Gourela, District-Gourela-Pendra - Marwahi (C.G.)
2 - Ramgopal Kediya S/o Late Shri Ramniranjan Kediya, Aged About 70
ROHIT
KUMAR
CHANDRA
Years R/o Khairmai Chowk, Police Station - Gourela, District - Gourela -
Digitally signed
by ROHIT
KUMAR
CHANDRA
Pendra - Marwahi (C.G.)
... Respondents
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For Petitioner : Mr. Rishi Rahul Soni, Advocate
For Respondent No.1/State : Mr. Sumit Singh, Deputy Advocate General
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Hon'ble Shri Krushna Ram Mohapatra , Chief Justice
Hon'ble Shri Sanjay Kumar Jaiswal , Judge
Order on Board
Per Krushna Ram Mohapatra , Chief Justice
08.09.2026
1. Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner and
Mr. Sumit Singh, learned Deputy Advocate General, appearing for
the State/ respondent No.1.

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2. The petitioner in this Criminal Miscellaneous Petition prays for the
following reliefs :-
“(I) The Hon'ble Court may kindly be pleased to call for
the entire records pertaining to this case for it's kind
perusal;
(II) The Hon'ble court may kindly be pleased to allow this
petition;
(III) The Hon'ble court may kindly be pleased to
quash/set-aside the First Information Report bearing
Crime No. 121/2025 dated 16.05.2025 registered by
Police Station-Gourela, District- Gourela-Pendra-
Marwahi (C.G.) against the petitioner (the accused) for
the offence punishable under Section 420 of the Indian
Penal Code 1860;
(IV) The Hon'ble court may kindly be pleased to
quash/set-aside the Final Report No. 123/2025 dated
11.07.2025 (arising out of Crime No. 121/2025 dated
16.05.2025 registered by Police Station- Gourela for the
offence punishable under Section 420 of the Indian
Penal Code 1860) filed/submitted by Police Station
Gourela, District- Gourela-Pendra-Marwahi (C.G.) before
the Learned Judicial Magistrate 1st Class Pendraroad,
District Gourela-Pendra-Marwahi (C.G.) against the
petitioner (the accused) for the offence punishable under
Section 420 of the Indian Penal Code 1860;
(V) The Hon'ble court may kindly be pleased to
quash/set-aside the order dated 15.07.2025 passed by
the Learned Judicial Magistrate 1 Class Pendraroad
(C.G.) in Criminal Case No. 1555/2025 (arising out of
Crime No. 121/2025 dated 16.05.2025 registered by

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Police Station-Gourela for the offence punishable under
Section 420 of the Indian Penal Code 1860) whereby the
case has been directed to be recorded in criminal
register and in substance cognizance has been taken
against the petitioner (the accused) for the offence
punishable under Section 420 of the Indian Penal Code
1860;
(VI) The Hon'ble court may kindly be pleased to
quash/set-aside the order dated 29.07.2025 passed by
the Learned Judicial Magistrate 1st Class Pendraroad
(C.G.) in Criminal Case No. 1555/2025 (arising out of
Crime No. 121/2025 dated 16.05.2025 registered by
Police Station-Gourela for the offence punishable under
Section 420 of the Indian Penal Code 1860) whereby the
charge under Section 420 of the Indian Penal Code
1860 has been framed against the petitioner (the
accused);
(VII) The Hon'ble court may kindly be pleased to
quash/set-aside the entire criminal proceedings of
Criminal Case No. 1555/2025 (arising out of Crime No.
121/2025 dated 16.05.2025 registered by Police Station-
Gourela for the offence punishable under Section 420 of
the Indian Penal Code 1860) pending before the
Learned Judicial Magistrate 1st Class Pendraroad (C.G.)
wherein the petitioner is being prosecuted under section
420 of the Indian Penal Code 1860;
(VIII) Any other relief, which this Hon'ble Court may
deem fit and proper, may also be passed in favour of the
petitioner, in the interest of justice.”
3. In course of hearing, Mr. Soni, learned counsel for the petitioner
fairly submits that the trial has already commenced in the case.

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4. Mr. Sumit Singh, learned Deputy Advocate General submits that
out of 11 prosecution witnesses, 04 have already been examined.
5. In view of the above, Mr. Soni, learned counsel for the petitioner
prays for withdrawal of the CRMP submitting that he will raise all
his contentions admissible under law before the trial Court.
6. Mr. Singh, learned Deputy Advocate General does not have any
objection to such submission.
7. In view of the above, the CRMP is disposed of with an
observation that the petitioner, if so advised, may raise all his
contentions legally permissible in course of the trial.
8. It is expected that the parties shall co-operate with learned trial
Court for an effective trial.
Sd/- Sd/-
(Sanjay Kumar Jaiswal) (Krushna Ram Mohapatra)
Judge Chief Justice
Chandra