Can a Criminal Miscellaneous Petition Seeking Directions on DNA Evidence Be Entertained When the Prayer Is Vague or Defective? — Reaffirmation of Strict Pleading Requirements as Binding Authority

The Chhattisgarh High Court has reaffirmed that petitions in criminal proceedings must contain clear and precise prayers; vague or sketchy applications will be dismissed at the threshold. This decision upholds existing procedural law and serves as binding authority for all subordinate courts in the state, reinforcing strict compliance with pleading requirements in criminal petitions.

 

Summary

Category Data
Case Name CRMP/2685/2025 of XYZ Vs LOKESH LAUTRE
CNR CGHC010351662025
Date of Registration 25-08-2025
Decision Date 10-09-2025
Disposal Nature DISMISSED
Judgment Author Hon’ble Shri Ramesh Sinha, Chief Justice
Court High Court of Chhattisgarh at Bilaspur
Precedent Value Binding on subordinate courts within Chhattisgarh
Type of Law Criminal Procedure
Questions of Law Whether a criminal miscellaneous petition can be entertained when the prayer is vague or defective.
Ratio Decidendi

The court held that a petition in criminal proceedings that contains only a vague or sketchy prayer, without clear articulation of relief sought, is defective and liable to be dismissed at the threshold.

The court emphasized the necessity for precise and specific pleadings in petitions seeking directions from the court, particularly in criminal matters involving procedural directions, such as the collection of DNA evidence.

No further consideration was given to the merits in the absence of a proper prayer.

Facts as Summarised by the Court The petitioner filed a criminal miscellaneous petition seeking directions for DNA evidence collection before trial in a pending sessions case, but the relief sought was found to be vague and inadequately drafted.

Practical Impact

Category Impact
Binding On All subordinate courts in Chhattisgarh
Persuasive For Other High Courts

What’s New / What Lawyers Should Note

  • The court reinforced the necessity of drafting clear, specific, and precise prayers in criminal miscellaneous petitions seeking judicial directions.
  • Vague or sketchy applications will be dismissed at the threshold without examination of merits.
  • Lawyers must carefully articulate the specific relief sought, especially when requesting procedural directions such as court-supervised evidence collection.

Summary of Legal Reasoning

  • The court examined the relief prayed for by the petitioner and determined that it was vague and sketchy in nature.
  • Noting the absence of a clear and specific prayer, the court held that such a defective application cannot be entertained.
  • The decision reiterates the established principle that proper pleadings are a prerequisite for judicial consideration, especially in criminal matters involving procedural interventions.
  • The petition was dismissed solely on the ground of defective drafting, with no adjudication on the merits.

Arguments by the Parties

Petitioner

  • Sought directions for the accused and the concerned police station to ensure collection of the DNA report before trial.
  • Requested directions to the trial court as per a prior transfer petition pending before the High Court.

Respondent

No submissions by the respondent are recorded in the judgment.

Factual Background

The petitioner filed a criminal miscellaneous petition before the Chhattisgarh High Court, seeking directions relating to the collection of DNA evidence before a pending sessions trial. The relief clause was found to be vague and inadequately drafted. The court, noting this deficiency, dismissed the petition at the outset.

Statutory Analysis

  • The judgment emphasizes compliance with procedural requirements in criminal filings but does not discuss or interpret any statutory provisions.

Alert Indicators

  • ✔ Precedent Followed – When existing law is affirmed.

Leave a Reply

Your email address will not be published. Required fields are marked *

Recent Comments

No comments to show.