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Chattisgarh High Court
Mrs. Vanshika Agnihotri vs State Of Chhattisgarh on 22 May, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 1706 of 2025
1. Mrs. Vanshika Agnihotri Wd/o Late Rajshekhar Agnihotri Aged
About 24 Years R/o Ward No. 01 Surdogar, Kondagaon P.S.
And District - Kondagaon (C.G.)
2. Mohammad Junaid Raza S/o Abdul Shakur Aged About 38
Years R/o 106, Usmaniyabada Gole Bazar, Motor Stand Ward
No. 29, Dhamtari, P.S. Dhamtari District - Dhamtari (C.G.)
... Petitioner(s)
versus
1. State of Chhattisgarh Through Station House Officer P.S.
Kondagaon District - Kondagaon (C.G.)
2. Naresh Kumar Naik S/o Jagdish Ram Naik Aged About 48 Years
Digitally
signed by
BRIJMOHAN
R/o Albadapara Kondagaon (C.G.)
BRIJMOHAN MORLE
MORLE Date:
2025.05.22
15:10:48
+0530
... Respondent(s)
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Order Sheet
22/05/2025 Heard Mr. Akhtar Hussain, learned counsel for
the petitioners. Also heard Mr. Sangharsh Pandey,
learned Government Advocate, appearing for
respondent No. 1/State.
It is argued by the learned counsel for the
petitioner that petitioner No. 1 herein is a widow lady
with no male person (father-in-law or brother-in-law)
alive in the family and with regard to get the insurance
amount, the petitioner No. 1 and her elder sister-in-law
have approached the learned trial Court for getting
Succession Certificate and for the said Succession
Case they have appointed and authorized respondent
No. 2/complainant, namely, Naresh Naik as their
Advocate. He further argued that respondent No. 2 has
filed Succession Case No. 09 of 2022, 10 of 2022 & 11
of 2022 under in Section 372 of the Indian Succession
Act, 1925 (for short, ‘Act of 1925’) before the Court of
Civil Judge, Class-I, Kondagaon, District-Kondagaon
(C.G.), the above said mention Succession Case was
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allowed by the learned trial Court vide order dated
05.10.2023. He also submits being aggrieved by the
order dated 05.10.2023 passed by the learned trial
Court, the opposite party i.e. Basant Agnihotri has
been preferred an appeal under Section 384 of the Act
of 1925 in MJC Civil Appeal No. 05 of 2023, 06 of
2023 & 07 of 2023, which has been dismissed by the
Learned District Judge, Kondagaon vide order dated
23.09.2024.
It is further submitted by the learned counsel for
the petitioners that during the pendency of appeal the
petitioner No. 1 came to know that the respondent
No.2 mislead the petitioner No. 1 and has acted
contrary to his professional ethics as an Advocate,
knowingly that the petitioner No. 1 alone and widow
lady, the respondent No. 2 has taken huge amount
from the petitioner in deceptive manner, in the name of
Court fees and for other purposes and for the said
reason petitioner No. 1 has changed her counsel in the
appellate stage due to which the respondent
respondent No. 2 got annoyed with the petitioner No. 1.
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He also submits that when the petitioner No. 1 came
with her family friend i.e. petitioner No. 2 to meet the
respondent No. 2 and asked for refunding back the
amount taken by him coercively for the purpose of
purchasing stamp and execution of succession order,
the respondent No. 2 has misbehaved with the
petitioner No. 1 and when the petitioner No. 1 has
warned him to make complaint against him in the office
of State Bar as well Kondagaon Bar, the respondent
No. 2 in order to safe guard himself has made false
complaint against the petitioner No. 1 and her friend
and got registered FIR bearing No. 86/2024 against
them for the offences punishable under Sections 294,
506, 500, 341, 34 of the Indian Penal Code (IPC) at
Police Station Kondagaon, Dist- Kondagaon (C.G.).
Thereafter, the petitioners have been arrested in the
said crime number i.e. 86 of 2024 and were released
on Bail Muchalka on 28.03.2024. He would submit that
after completion of the investigation the Police official
of Kondagaon (C.G.) has filed charge-sheet before
Chief Judicial Magistrate Kondagaon (C.G.) which is
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pending as Criminal Case No. 800 of 2024 and is fixed
for argument before charge.
Issue notice to the respondents by ordinary as
well as registered posts.
Learned State counsel appears and accepts
notice on behalf of respondent No. 1, therefore,
issuance of notice to them, is dispensed with.
Process fee be paid within a week only for
respondent No. 2.
Notice be made returnable in four weeks.
Two weeks’ time is granted to the learned State
counsel as well as respondent No. 2 to file their reply-
affidavit and thereafter, two weeks’ time is granted to
the learned counsel for the petitioners to file rejoinder-
affidavit.
List this matter thereafter.
Till the next date of listing, the proceedings
pending before the learned Chief Judicial Magistrate
First Class, Kondagaon, District Kondagaon (C.G.) in
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Criminal Case No. 800 of 2024 against the petitioners,
shall remain stayed.
In view of the above, I.A. No. 2, application for
listing the case during summer vacation and I.A. No. 3,
application for urgent hearing, stand disposed off.
Sd/- Sd/-
(Amitendra Kishore Prasad) (Ramesh Sinha)
Judge Chief Justice
Brijmohan
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