1 2025:CGHC:18073-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1350 of 2025 1. Tushar Ramteke S/o Tarachand Ramteke Aged About 35 Years R/o Quarter No. D-37, Kanchan Bag, Suncity, Rajnandgaon, Police Station City Kotwali, Tahsil- Rajnandgaon, District Rajnandgaon (C.G.) (Accused Persons) 2. Nilima Ramteke W/o Tarachand Ramteke Aged About 55 Years R/o Quarter No. D-37, Kanchan Bag, Suncity, Rajnandgaon, Police Station- City Kotwali, Tahsil- Rajnandgaon, District- Rajnandgaon (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Station House OfÏcer, Police Station- Devari, District- Balod (C.G.) 2. Smt. Priya Borkar W/o Tushar Ramteke Aged About 29 Years R/o Quarter No. D-37, Kanchan Bag, Suncity, Rajnandgaon, Police Station- City Kotwali, Tahsil Rajnandgaon, District- Rajnandgaon (C.G.) At Present R/o Village- Tatenga, Police Station- Devari, District- Balod (C.G.) ...Respondent(s) For Petitioners : Mr. Paras Mani Shriwas, Advocate. For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.04.24 15:01:12 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 22.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard Mr. Paras Mani Shriwas, learned counsel for the petitioners. Also heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for respondent No. 1/State. 3. The present petition has been filed by the petitioners with the following prayers: “i. It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition and pleased to quash the First Information Report No. 0174 of 2024 vide First Information Report dated 17.09.2024 for the offence under Section 498A/34 of the IPC registered against the petitioner at Police Station Devari, District Balod (C.G.), in the interest of justice. ii. It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition and pleased to quash the charge-sheet No. 201 of 2024 vide charge- sheet dated 27.11.2024 for the offence under Section 3 498A/34 of the IPC filed against the petitioner by Police Station Devari, District Balod (C.G.), in the interest of justice. iii. It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition and pleased to quash the cognizance dated 24.12.2024 by which the learned Judicial Magistrate First Class Daundilohara, District Balod (C.G.) has taken the cognizance in charge-sheet No. 201 of 2024 vide charge-sheet dated 24.12.2024 for the offence under Section 498A/34 of the IPC against the petitioners and further criminal proceedings in Criminal Case No. 2184 of 2024 in State of Chhattisgarh vs. Tushar Ramteke & Another, in the interest of justice. iv. Any other relief/order may also be granted that may be deemed fit and just in the facts and circumstances of the case.” 4. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offence has been taken by the learned trial Court and the petitioner has prayed for quashing of the FIR, charge-sheet, order taking cognizance and criminal proceedings pending before the trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioners have not prayed for order framing charges against the petitioners passed by the learned trial Court which 4 goes to show that the prayer drafted by learned counsel for the petitioners is in a very casual manner, to which learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer. 5. Learned State counsel has no objection. 6. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 2,000/- as cost by the petitioners in 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 Special School for Intellectual Retardation, Rajnandgaon. 7. Copy of the FIR, charge-sheet along with the order taking cognizance and the order-sheets may be returned back to the petitioners after retaining a photocopy of the same. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan