Chhattisgarh High Court
CRMP/2150/2024 of AJAY TIWARI Vs MANOJ SHARMA on 25 September 2026
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2150 of 2024 Ajay Tiwari S/o Late Sudhakar Tiwari Aged About 40 Years R/o Maa Kanak Medical Stores, Link Road, Camp-2, Bhilai, Tahsil And District Durg Chhattisgarh ... Petitioner(s) versus Manoj Sharma S/o Lallan Sharma Aged About 30
CGHC010249852024
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 2150 of 2024
Ajay Tiwari S/o Late Sudhakar Tiwari Aged About 40 Years R/o Maa Kanak Medical Stores, Link Road, Camp-2, Bhilai, Tahsil And District Durg Chhattisgarh
... Petitioner(s)
versus
Manoj Sharma S/o Lallan Sharma Aged About 30 Years R/o House No. 155, Naya B.S.P. Quarter, In Front Of Subhash Chowk Wali Gali, Camp-1, Bhilai, Tahsil And District Durg Chhattisgarh
... Respondent(s)
(Cause title is taken from the CIS)
------------------------------------------------------------------------------------------------------------------ For Petitioner :
Shri Sohan Kumhare and Shri Tapan
Chandra, Advocates
For Respondent
:
None appears
------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 26.09.2026
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1. Heard on IA-1 of 2026, application for change of counsel in the petition.
2. Petitioner-Ajay Tiwari appears through virtual mode and submits that Ms Neelam Singh, who was his earlier counsel left her practice and now, he wants to engage Shri Sohan Kumhare and Shri Tapan Chandra, Advocates, in the present petition to argue the matter. He would further submit that since the earlier counsel left her practice, it is very difficult for him to obtain no objection certificate from her. Hence, he may be permitted to engage the learned counsel as mentioned above, to argue his case. Application filed by the petitioner is supported by an affidavit.
Crmp 2150 of 2024 2
3. On due consideration, IA-1 of 2026, application for change of counsel in the petition is allowed and Shri Sohan Kumhare and Shri Tapan Chandra, Advocates, are permitted to appear in the matter on behalf of the petitioner.
4. At this stage, learned counsel appearing for the petitioner prays for withdrawal of this petition in view of recent decision of Supreme Court in case of M/s Celestium Financial Vs. A. Gnanasekaran Etc. reported in 2025 INSC 804, with liberty to file an Appeal under proviso to Section 372 of CrPC (413 of BNSS) before the appropriate court.
5. Prayer is allowed. On due consideration, and upon the submissions made by learned counsel for the petitioner, present Criminal Misc. Petition is dismissed as withdrawn with aforesaid liberty to file an appeal within a period of 60 days from today before the appropriate court in accordance with law.
6. It is made clear that if such an appeal is filed before the concerned court within the time given, it would not insist upon the limitation while deciding the same and will proceed to decide the matter in accordance with law.
7. Registry shall return certified copies of the impugned order/judgment and relevant documents to learned counsel for the petitioner after retaining attested true copies of the same.
8. Record be sent back forthwith to the concerned court. Sd/- (Ravindra Kumar Agrawal) JUDGE
padma