1 2025:CGHC:33955-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2087 of 2025 Harsh Kumar Shende S/o Shiv Kumar Dharma Shende Aged About 60 Years R/o House No. 3 Mahamaya Vihar, New Gayatri Nagar, Police Station- Khamhardih, District- Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- New Rajendra Nagar, Raipur, District- Raipur (C.G.) 2 - XYZ Nil (Complainant) ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Goutam Khetrapal, Advocate For Respondent/ State : Mr. Soumya Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 18/07/2025 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.18 18:58:53 +0530 2 1. Heard Mr. Goutam Khetrapal, learned counsel for the petitioner. Also heard Mr. Soumya Rai, learned Panel Lawyer for the respondent/ State. 2. The petitioners have filed this petition praying for following relief:- “(i) Quash the impugned FIR dated 27.07.2023 bearing Crime No. 263/2023 registered at Police Station, New Rajendra Nagar, District-Raipur (C.G.) for the offence under Section 376(2)(n), 506 of Indian Penal Code against the petitioner. (ii) Quash the impugned Final Report No. 95/2024 dated 15.03.2024 filed by Police Station, New Rajendra Nagar, District-Raipur (C.G.) before the learned Judicial Magistrate First Class, Raipur, District-Raipur for the offence under Section 376(2) (n), 506 of IPC against the petitioner (Annexure P/1). (iii) Quash the order of cognizance dated 31.05.2024 passed by learned Judicial Magistrate First Class, Rajim, District-Gariyaband and also quash the entire criminal proceedings pending in Sessions Trial No. 144/2024 before the learned Sessions Judge, Raipur, District-Raipur for the offence under Section 376(2)(n), 506 of IPC against the petitioner (iv) Grant any other relief (s) which this Hon'ble Court may deem fit in favour of petitioner may also be granted.” 3. At the time of hearing, this Court has observed that the petitioner has filed the present petition without appropriate prayer which is defective one, therefore, we are not inclined to entertain the present petition with such a vague and sketchy prayer to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file afresh with 3 proper prayer. 4. Learned State counsel has no objection. 5. In view of the submissions made by 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. 2,500/- as cost by the petitioner in the Registry of this Court and the said amount shall be transmitted to the Special School for Intellectually Handicapped Girls, District- Narayanpur (C.G.). 6. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner/ State after obtaining the photocopy of the same. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar/ Jyoti