Facts of the Case

  • The petitioner, Set Ram Chouhan (Aged about 40 years, S/o Shri Indrajeet Chouhan, Resident of Village Kewatpali, Tehsil Basna, District Mahasamund, Chhattisgarh), filed a Writ Petition (Criminal) bearing WPCR No. 188 of 2020 before the Hon'ble High Court of Chhattisgarh, Bilaspur.
  • The petition was instituted against the following respondents:
    1. State of Chhattisgarh, through its Secretary, Department of Revenue and Disaster Management, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.
    2. Inspector General Registration And Superintendent (Stamp), 2nd Floor, Commercial Tax Department GST Building, Sector-19, Capital Complex Atal Nagar Raipur, District Raipur, Chhattisgarh.
    3. District Registrar, Raigarh, District Raigarh, Chhattisgarh.
    4. Station House Officer -cum- In Charge Police Officer, Police Station Sakti, District Janjgir-Champa, Chhattisgarh.
  • During the pendency of the writ proceedings, an interlocutory application designated as I.A. No. 02 was preferred on behalf of the petitioner, seeking formal permission/leave from the High Court to withdraw the pending writ petition.

Issues Involved

  • Whether the High Court under Article 226 of the Constitution of India should grant permission for the unconditional withdrawal of the Criminal Writ Petition (WPCR No. 188 of 2020) upon the submission of an interlocutory application by the petitioner.
  • Whether liberty as craved in interlocutory application I.A. No. 02 can be reserved in favour of the petitioner upon such withdrawal to exhaust alternative or appropriate legal remedies available under the law.

Petitioner’s Arguments

  • The learned counsel representing the petitioner, Mr. Shashank Thakur, appeared before the Court and submitted that the petitioner did not wish to press or further prosecute the present writ petition.
  • It was prayed through I.A. No. 02 that the application for withdrawal be allowed and the petition be dismissed as withdrawn, subject to reserving necessary liberty in favour of the petitioner as detailed in the application.

Respondent’s Arguments

  • The State and its authorities were duly represented by Mr. Sudeep Verma, learned Deputy Government Advocate.
  • The State counsel offered no objection to the allowance of the withdrawal application (I.A. No. 02) or the consequential dismissal of the writ petition with the requested liberty.

Court Order / Findings

  • The Single Bench of Hon'ble Shri Justice Sanjay K. Agrawal, after taking up the matter on board on 29/09/2022, considered I.A. No. 02 (application for withdrawal of the petition).
  • Upon due consideration of the grounds stated in the application, the Court allowed I.A. No. 02.
  • Consequently, the High Court directed that the instant Writ Petition (Criminal) be dismissed as withdrawn.
  • The Court expressly granted the petitioner the liberty as mentioned and prayed for within interlocutory application I.A. No. 02.

Important Clarification

  • Nature of Disposal: The petition was categorized as NAFR (Not Approved For Reporting) and disposed of purely on procedural grounds of withdrawal without any adjudication on the merits of the matter.
  • Legal Implications: A dismissal of a writ petition as withdrawn with liberty does not constitute an adjudication on the merits of the underlying dispute and does not operate as res judicata, thereby enabling the petitioner to seek appropriate statutory or judicial redress as per the liberty granted by the Court.

Sections Involved

  • Article 226 of the Constitution of India (Power of High Courts to issue certain writs).
  • Provisions of the Code of Criminal Procedure, 1973 (CrPC) pertaining to criminal writ jurisdiction and procedural applications before High Courts.

Link to download the order - https://mytaxexpert.co.in/uploads/1784626243_1862compressed.pdf

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