1 2025:CGHC:14006-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 944 of 2025 Smt. Satayabala Agrawal Wd/o Late Ramavtar Agrawal, aged about 79 years R/o Central Avenue, Swaroop Chand Lane, Chaubey Colony, Raipur, C.G. ... Petitioner versus 1 - State of Chhattisgarh Thro' District Magistrate, Raipur C.G. 2 - Rameshwar Prasad Verma S/o Late Tulsiram Verma Aged About 71 Years R/o Gram Mungi, Tehsil Aarang, District Raipur, C.G. ... Respondent ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Rajeev Shrivastava, Senior Advocate assisted by Mr. Raja Sharma, Advocate For Respondent No.1/State : Mr. S.S. Baghel, Dy. Govt. Advocate For Respondent No.2 : Mr. Waquar Naiyer, Advocate ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 24.03.2025 1. Heard Mr. Rajeev Shrivastava, learned Senior Advocate assisted by Mr. Raja Sharma, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondent No.1 and Mr. Waquar Naiyer, learned counsel, appearing for respondent No.2. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.03.25 10:40:57 +0530 2 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) 2023 with the following prayer :- “Wherefore it is prayed that this Hon'ble Court be pleased to allow the instant petition with consequential relief, and call for entire records concerning the case for kind perusal, and quash the impugned Charge Sheet dated 25/10/2024 registered as criminal case # 18571/2024 of the Court of JMFC, Raipur after taking of cognisance along with FIR # 227/2017 registered at PS Tikrapara, District Raipur CG for offences punishable u/Sec. 420, 467, 468, 470, 120B of IPC and order taking cognisance dated 25/10/2024 passed in criminal case # 18571/2024 of the Court of JMFC, Raipur; and pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.” 3. It has been pointed out by Mr. Waquar Naiyer, learned counsel, appearing for respondent No.2 that the matter has been compromised between the parties outside the Court and an application under Section 320(2) of the Code of Criminal Procedure (for short ‘CrPC’), has been also been moved before the concerned trial Court for quashing of the impugned criminal case registered against the petitioner along with other co-accused persons pending before it. 4. Mr. Rajeev Shrivastava, learned Senior Advocate, appearing for the petitioner submitted that the said application under Section 320(2) CrPC has been already been rejected by the learned trial Court vide order dated 05.11.2024. 3 5. On a pointed query being made to learned Senior Advocate, appearing for the petitioner as to why he has not challenged the said rejection order in the instant petition, he prays for withdrawal of the instant petition with liberty to file afresh petition challenging the order dated 05.11.2024 passed by the trial Court. 6. From perusal of the prayers and pleadings made in the instant petition, it transpires that the despite knowing the fact that application under Section 320(2) CrPC has been already been rejected by the learned trial Court vide order dated 05.11.2024, the same has not been challenged in the instant petition, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner and further wastage of precious time of the Court, as such, in the opinion of this Court, the prayer is defective one. 7. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.10,000/- as cost by the petitioner before the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government Children’s Home for Orthopedically Handicapped, Mana Camp Raipur (C.G.). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra