1 2025:CGHC:31839-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2157 of 2025 Shivkumar Cherwa S/o Minjsai, Aged About 41 Years R/o Village Singchoura, P.S. Rajpur District Balrampur-Ramanujganj (Chhattisgarh) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh) 2 - The Director General Of Police, Police Department, New Raipur, District Raipur Chhattisgarh 3 - Superintendent Of Police, Balrampur, District Balrampur- Ramanujganj (Chhattisgarh) 4 - Inspector General Of Police, Ambikapur Division Sarguja, District - Sarguja Chhattisgarh 5 - Station House Officer, Police Station Pasta, District Balrampur- Ramanujganj (Chhattisgarh) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.11 10:43:03 +0530 2 6 - Sharda Devi W/o Dilip Kumar Gupta, R/o Chiya Sarai P.S. Pasta, District Balrampur-Ramanujganj (Chhattisgarh) ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Vishwanath Shrivas, Advocate on behalf of Mr. U.P.S. Sahu, Advocate For Respondents/ State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 10/07/2025 1. Heard Mr. Vishwanath Shrivas, learned counsel on behalf of Mr. U.P.S. Sahu, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer for the respondents/ State. 2. The petitioner has filed this petition praying for following relief:- “1. That, Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S. 2023 filed by the petitioner, in the interest of justice. 2. That, Hon'ble Court may kindly be pleased to quash the FIR bearing No. 53/2024 registered on dated 08.08.2024 at police station Pasta, District Balrampur-Ramanujganj Chhattisgarh filed under section 64(2)(m), 69, 351(2), 303(2), 115(2) of B.N.S. 2023 in the interest of justice. 3. That, Hon'ble Court may kindly be pleased to quash entire charge sheet dated 16.05.2025 before learned Sessions Judge Balrampur Place Ramanujganj Chhattisgarh under section 64(2)(m), 69, 351(2), 303(2), 115(2) of B.N.S. 2023 in the 3 interest of justice. 4. That, Hon'ble Court may kindly be pleased to quash cognizance taken by the learned Sessions Judge Balrampur Place Ramanujganj Chhattisgarh, in the interest of justice. 5. That, Hon'ble Court may kindly be pleased to quash entire criminal proceeding of Sessions Trial No. 56/2025 pending before the learned Sessions Judge Balrampur Place Ramanujganj Chhattisgarh against the petitioner, in the interest of justice. 6. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.” 3. Learned counsel for the petitioner submits that due to some personal reasons, the arguing counsel of the present matter, Mr. U.P.S. Sahu is not available today. 4. At the time of hearing, learned State counsel has pointed out that the present petition has been filed by the petitioner without appropriate prayer which is defective one as the charges have been framed against the petitioner which reflects from the order sheet dated 16/05/2025 (Annexure P/2) and the same has also not been challenged herein, therefore, the present petition may not be entertained 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 proper prayer. 5. Learned State counsel has no objection. 4 6. 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. 7. 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