1 2025:CGHC:23738-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1818 of 2025 Durgesh Ratre S/o Jodhan Ram Ratre Aged About 42 Years Resident Village- Lachkera, Police Station- Fingeshwar, District- Gariyaband (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Station House Officer, Police Station- Fingeshwar, District- Gariyaband (C.G.) 2. Xyz Nil (Complainant) ...Respondent(s) For Petitioner : Mr. Goutam Khetrapal, Advocate. For Respondent/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 13.06.2025 1. Heard Mr. Goutam Khetrapal, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioner with the following prayers: BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.06.13 18:49:19 +0530 2 “1. Quash impugned FIR dated 01.04.2025 bearing Crime No. 84 of 2025 registered at Police Station, Fingeshwar, District Gariyaband (C.G.) for the offence under Section 69 of Bhartiya Nyay Sanhita, 2023 against the petitioner. 2. Quash impugned Final Report No. 108of 2025 dated 15.05.2025 filed by Police Station, Fingeshwar, District Gariyaband (C.G.) before the learned Judicial Magistrate First Class, Rajim, District Gariyaband for the offence under Sections 69 & 88 of Bhartiya Nyay Sanhita, 2023 against the petitioner. 3. Quash the entire criminal proceedings pending in Criminal Case No. 860 of 2025 before the learned Judicial Magistrate First Class, Rajim, District Gariyaband for the offence under Sections 69 & 88 of Bhartiya Nyay Sanhita, 2023 against the petitioner. 4. Grant any other relief(s) which this Hon’ble Court may deem fit in favour of petitioner may also be granted.” 3. 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 and the proceedings pending before the trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioner 3 has not prayed for quashing of order taking cognizance of the offences by the 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. 4. Learned State counsel has no objection. 5. 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. 3,000/- 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 Home for Mentally Underdeveloped Children, Mana Camp, District Raipur. 6. Certified copy of the FIR, charge-sheet along and other documents may be returned back to the petitioner after retaining a photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan