1 2025:CGHC:39341-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2464 of 2025 Raghuveer Singh Tuteja S/o Inderjeet Singh Tuteja, aged about 56 years R/o House No C 18 Sector, Shankar Nagar Walfort Orchid Lane, P.S.- Civil Lines, Tahsil and District Raipur Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through- The Station House Officer, P.S.- Telibandha, District Raipur Chhattisgarh 2 - Sukhbeer Singh Singhotra S/o Ajit Singh Singhotra, aged about 65 years R/o Near State Bank New Shanti Nagar P.S. Civil Lines Dist- Raipur (C.G.) (as per the F.I.R) ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Vikas Upadhyay, Advocate For Respondent /State : Mr. Malay Jain, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 07.08.2025 1 Heard Mr. Vikas Upadhyay, learned counsel for the petitioner as well as Mr. Malay Jain, learned Panel Lawyer, appearing for the State/respondent No.1. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 2 The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “1) Quash the entire criminal proceedings initiated against the petitioner in connection with Crime No. 289/2023, registered at Police Station Telibandha, Raipur (C.G.), for the offence under Section 507 of the Indian Penal Code, pursuant to FIR dated 10.05.2023, including, a) The Charge Sheet bearing No. 249/2023 dated 10.06.2023 filed by the Investigating Officer, b) The cognizance taken by the Learned Judicial Magistrate First Class, Raipur on 01.05.2025 upon filing of the charge sheet, c) The Order dated 12.03.2025 passed by the Learned Magistrate rejecting the petitioner's application for discharge filed under Section 239 CrPC, d) The Order dated 01.05.2025 framing charges against the petitioner for the said offence, e) And all further proceedings arising therefrom and pending in the said criminal case, on the ground that the same is a gross abuse of the process of law and does not disclose any prima facie offence against the petitioner. 2) Pass such other and further order(s) as may be deemed just and proper in the facts and circumstances of the case, in the interest of justice.” 3 From perusal of the prayers and pleadings made in the instant petition, it transpires that the learned Judicial Magistrate First Class, Raipur has taken cognizance against the petitioner upon 3 filing of the charge-sheet bearing No. 249/2023 dated 10.06.2023 on 08.09.2023, but in paragraph (b) of the prayer clause, the petitioner has inadvertly, mentioned the said date as 01.05.2025 instead of 08.09.2023, as such, this Court is of the opinion that the prayer drafted by learned counsel for the petitioner is in a very casual manner. 4 Learned counsel for the petitioners prays for withdrawal of the present petition with liberty to file a duly constituted petition with appropriate prayers. 5 Accordingly, the instant petition is dismissed on this ground alone with liberty to file a duly constituted petition with appropriate prayers, subject to depositing a sum of Rs.1,000/- as cost by the petitioner in the Registry of this Court for wasting the precious time of the Court and the same shall be transmitted to Special School for Intellectually Handicapped Girls, District – Narayanpur, Chhattisgarh. 6 Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioner after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra