1 2025:CGHC:18074-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1353 of 2025 Alok Mandal S/o Shri Shatrughan Mandal Aged About 43 Years Caste - Surhi, R/o P.W.D. Colony Patthalgaon, District- Jashpur (C.G.) At Present R/o House No. 40, Ward No. 08, Near New Market Ahirwara, Police Station - Nandini Nagar, District- Durg (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through- The Station House OfÏcer, Police Station- Patthalgaon, District- Jashpur (C.G.) 2. Smt. Sushila Kaithal W/o Shri Paras Lal Kaithal Aged About 41 Years R/o P.W.D. Colony, Patthalgaon, Police Station - Patthalgaon, District- Jashpur (C.G.) ...Respondent(s) For Petitioners : Mr. Paras Mani Shriwas, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. 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. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.04.24 15:01:12 +0530 2 2. Heard Mr. Paras Mani Shriwas, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for respondent No. 1/State. 3. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, prayed that the Hon’ble Court may kindly be pleased to allow this application and stay the effect and operation of registration of First Information Report No. 0124 of 2024 vide First Information Report dated 25.06.2024 for the offence under Sections 294, 506, 323 of the IPC registered by Police Station Patthalgaon, District Jashpur (C.G.) on written complaint made by respondent No. 2/Smt. Sushila Kaithal, charge-sheet No. 108 of 2024 vide charge- sheet dated 20.08.2024 for the offence under Sections 294, 506 and 323 of the IPC and under Sections 3(1)(r) (s) & 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 filed against the petitioner, order of cognizance dated 02.09.2024 by which the learned Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Jashpur, District Jashpur (C.G.) has taken the cognizance in charge-sheet No. 108 of 2024 for the offence under Sections 294, 506, 323 of the IPC and under Sections 3(1)(r)(s) & 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner and further criminal proceedings in Special Criminal Case No. 17 of 2024 in State of Chhattisgarh vs. Alok Mandal till final disposal of the case, in the interest of justice.” 4. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted 3 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 petitioner has not prayed for order framing charges against the petitioners passed by the learned trial Court which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner, to which learned counsel for the petitioner 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 petitioner, 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 Visually Handicapped Boys and Girls, Jashpur. 7. Copy of the FIR, charge-sheet along with the order taking cognizance and the order-sheets may be returned back to the petitioner after retaining a photocopy of the same. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan