Pawan Kumar Agrawal vs Central Bureau Of Investigation And Anr
2025 Latest Caselaw 4513 Chatt

Chattisgarh High Court

Pawan Kumar Agrawal vs Central Bureau Of Investigation And Anr on 17 September, 2025

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SOURABH
BHILWAR
Digitally signed by
SOURABH
                             HIGH COURT OF CHHATTISGARH AT BILASPUR
BHILWAR
Date: 2025.09.17
19:27:37 +0530


                                             CRMP No. 587 of 2013

                      Pawan Kumar Agrawal versus Central Bureau Of Investigation And Anr.
                                                      With

                                                 WPCR/201/2017

                                                Order on Board


                      17/09/2025        Heard Mr. Chirag Madan and Mr. Krishna Tandon,

                                   learned counsel appearing for the petitioners. Also

                                   heard Mr. B. Gopa Kumar, learned counsel alongwith

                                   Mr. Himanshu Pandey, learned counsel for the

                                   respondent/ CBI and Ms. Saumya Sharma, learned

Panel Lawyer appearing for the respondent/ State.

The matters have been listed today for final

hearing and on the last date of hearing i.e. 12/09/2025

when the matter was listed, learned counsel for the

petitioner, Mr. Chirag Madan, who had addressed the

Court virtually and submitted that he wants to address

the Court physically, had sought adjournment on the

above ground, hence the matter was adjourned subject

to deposit of cost of Rs.5,000/- which stated to have

been deposited and today when the matter is called for

final hearing, it has been pointed out by the counsel for

the petitioner that in view of the judgment passed by

the Hon'ble Apex Court in SLP No. 13424/ 2025

whereby the Apex Court has observed that so far as the

maintainability of the petition under Article 226 of the

Constitution of India questioning FIR and charge sheet

after a judical order of taking cognizance is not

maintainable, is concerned, the same is not

maintainable hence, he prays that the present petition

may be dismissed as withdrawn with the liberty to file

afresh under Section 528 of B.N.S.S.

It transpires from the record that the matter has

travelled upto the Supreme Court in SLP (Cr.) 26669 of

2020 and the Supreme Court has remanded back the

matter to this Court vide its order dated 05/08/2025

whereby the Apex Court has quashed the order of High

Court which was passed by the learned Single Judge

on 26/09/2019 in WPCR No.201 of 2017 and in the

present matters, at para 8, the Apex Court has directed

that both the petitions i.e. WPCR as well as the petition

under Section 482 Cr.P.C shall be reconsidered by the

High Court and the same shall be decided as early as

possible.

In view of the above and considering the fact that

there is specific order in the present two matters by the

Apex Court, we proceed to hear the matter on merits.

Thus, the prayer made by the learned counsel for the

petitioner is hereby rejected.

Now after hearing both the parties finally, the

present matters are reserved for orders.

                      Sd/-                           Sd/-
                 (Bibhu Datta Guru)             (Ramesh Sinha)
                     Judge                       Chief Justice



S. Bhilwar