Chattisgarh High Court
Fakirchand Agrawal vs State Of Chhattisgarh on 19 September, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:48231-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 2934 of 2025
1. Fakirchand Agrawal S/o Late Niranjan Lal Agrawal Aged About 77
Years Residing At Ward No. 15 Samta Nagar, P.S. Gaurella, Tehsil-
Digitally
signed by
JYOTI
JYOTI SHARMA
SHARMA Date:
2025.09.19
19:13:47
Pendra, District- Gaurella-Pendra-Marvahi C.G.
+0530
2. Gopal Krishna Agrawal S/o Fakirchand Agrawal Aged About 48 Years
Residing At Ward No. 15 Samta Nagar, P.S. Gaurella, Tehsil- Pendra,
District- Gaurella-Pendra-Marvahi C.G.
3. Aashish Agrawal S/o Fakirchand Agrawal Aged About 41 Years
Residing At Ward No. 15 Samta Nagar, P.S. Gaurella, Tehsil- Pendra,
District- Gaurella-Pendra-Marvahi C.G.
... Petitioner(s)
versus
1. State Of Chhattisgarh Through Police Station- Gaurella, District-
Gaurella-Pendra-Marvahi, C.G.
2. Ramesh Kumar Lahre District Marketing Officer, Chhattisgarh State,
C-Operative Marketing L.T.D. Maryadit, District Gaurella-Pendra-
Marvahi, C.G.
... Respondent(s)
For Petitioner : Mr. Himanshu Kumar Sharma, Advocate
For Respondents/ State: Mr. Sakib Ahmed, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Bibhu Datta Guru, Judge
Judgment on Board
Per Ramesh Sinha, Chief Justice
19/09/2025
1. Heard Mr. Himanshu Kumar Sharma, learned counsel for the
appellant. Also heard Mr. Sakib Ahmed, Panel Lawyer for the
respondent/ State.
2. The appellant has filed this appeal praying for following relief:-
"I. First Information Report (FIR) bearing No.
009/2023 dated 05/01/2023 u/s 420 read with 34 of
Indian Penal Code 1860 registered at Police
Station- Gaurella, District - Gaurella-Pendra-
Marvahi,Chhattisgarh;
ii. The order dated 06/07/2024 of M.J.C no.
45/2023, passed by the learned Judicial Magistrate
First Class, Pendra Road, Bilaspur, Chhattisgarh,
allowing Application filed Under Section 302(2) of
CR.P.C 1973 filed by Rival Rice Millers, who are not
Complainant in FIR bearing No. 009/2023 dated
05/01/2023 and in which Closure Report bearing
No. 02/2023 dated 25/04/2023 u/s 420 read with 34
of I.P.C, has been alreay filed by Police Station-
Gaurella, District - Gaurella - Pendra - Marvahi,
Chhattisgarh:
iii. The order dated 24/08/2024 of M.J.C no.
45/2023, passed by the learned Judicial Magistrate
First Class, Pendra Road, Bilaspur, Chhattisgarh,
rejecting the Closure Report bearing No. 02/2023
dated 25/04/2023 u/s 420 read with 34 of Indian
Penal Code 1860, filed by Police Station- Gaurella,
District - Gaurella - Pendra - Marvahi, Chhattisgarh;
iv. The order dated 09/09/2024 of Criminal Case no.
1292/2024 passed by the learned Judicial
Magistrate First Class, Pendra Road, Bilaspur,
Chhattisgarh taking cognizance of the
aforementioned rejected Closure Report and
recorded Evidence of Witnesses and Documents
filed with Application filed Under Section 302(2) of
CR.P.C 1973, which was filed by Other Persons
who are Rival Rice Miller's and are not Complainant
in (FIR) bearing No. 009/2023;
v. The entire proceedings of Criminal Case No.
1292/2024 titled 'State of Chhattisgarh vs.
Fakirchand Agrawal and Others, pending before the
Court of the learned Judicial Magistrate First Class,
Pendra Road, Bilaspur, Chhattisgarh.
vi. The Order dated 04/08/2025 Passed in Criminal
Revision 22/2025 titled ' Fakirchand Agrawal and
Others Vs. State of Chhattisgarh, by the learned
Second Additional Session Judge, Pendra Road,
Bilaspur, Chhattisgarh, whereby the Learned Court
Rejected the Revision."
3. Learned counsel for the petitioner submits that closure report was
filed with respect to the FIR lodged by private respondent and in
the same, closure report was filed and same was rejected by
order dated 24.08.2024 on account of objection raised by Gagan
Agrawal and others, who have not party in the subject matter.
Challenging the rejection order, the petitioners preferred criminal
revision No. 22/2025 before the court of Second Additional Judge,
Pendra Road, Bilaspur, which was rejected.
4. Perusal of the documents shows that the petitioners have not
arrayed the persons who objected the closure report i.e. Gagan
Agrawal and others.
5. At this point, learned counsel for the petitioners seeks permission
of this court to withdraw the instant petition with liberty to file a
fresh impleading necessary party.
6. In view of the submissions made by learned counsel for the
petitioners, the present petition is dismissed as withdrawn with
liberty as prayed for, subject to depositing a sum of Rs. 2,000/- as
cost by the petitioner in the Registry of this Court and producing
the receipt of the same at the time of filing of the fresh petition, if
any. The said amount shall be transmitted to the Special School
for intellectually Handicapped Girls, District Narayanpur C.G.
7. Certified copies of the documents, if any, may be returned to the
petitioners after retaining photocopies of the same.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Jyoti
