1 2025:CGHC:30775-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2092 of 2025 1. Mr. Arun Shrivastava S/o Late Shri Vijay Bahadur Aged About 65 Years R/o H.I.G.-229, Padmanabhpur, District - Durg (C.G.) 2. Mr. Ashish Shrivastava S/o Late Shri Vijay Bahadur Aged About 53 Years R/o H.I.G.-C3, M.P.H.P. Complex, In Front Of Bus Stand, Durg, District - Durg (C.G.) 3. Mrs. Seema Shrivastava W/o Arun Shrivastava Aged About 57 Years R/o H.I.G.-229, Padmanabhpur, District - Durg (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Ministry of Home, Mahanadi Bhawan, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2. The Station House Officer Police Station - Supela, District - Durg (C.G.) 3. Ms. Reena Kankde D/o Late Shri Pandharinath Currently Residing At 13/7, Nehru Nagar, Bhilai West, District - Durg (C.G.) ...Respondent(s) For Petitioners : Mr. Rudra Pratap Dubey, Advocate. For Respondents/State : Mr. Sangharsh Pandey, Government Advocate. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.07 17:58:26 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 07.07.2025 1. Heard Mr. Rudra Pratap Dubey, learned counsel for the petitioners. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State. 2. The present petition has been filed by the petitioners with the following prayers: “I. Allow the petition under Section 528 of BNSS and further be pleased to: II. Quash the First Information Report dated 07.04.2022 bearing Crime No. 0318 of 2022 registered at Police Station Supela, District Durg (C.G.) for the offences punishable under Sections 120-B, 147, 149, 294, 323, 327, 34, 448, 452, 506(B) of the Indian Penal Code, 1860 against the petitioners. III. Quash the impugned final report dated 12.11.2022 bearing final report No. 880 of 2024 filed by Police Station, Supela, District Durg (C.G.) before the learned Chief Judicial Magistrate, Durg (C.G.) against the petitioners for the offence 147, 149, 294, 323, 34, 448, 506(B) of the Indian Penal Code, 1860 against the petitioner. 3 IV. Quash the entire criminal proceedings pending against the petitioners in Criminal Case No. RCC/430/2025 before the learned Chief Judicial Magistrate, Durg (C.G.) for the offence under Section 147, 149, 294, 323, 34, 448, 506(B) of the Indian Penal Code, 1860. V. Grant any other relief(s) which may be deemed fit in the facts and circumstances of case in favour of petitioners.” 3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioners and the cognizance of the offence has been taken by the learned trial Court and the petitioners have 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 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 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. 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. 1,000/- 4 as cost by the petitioners 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 School for Visually and Hearing Imparied, Raipur. 6. Certified copy of the FIR, charge-sheet along and other documents may be returned back to the petitioners after retaining a photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan