1 2025:CGHC:33543-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2234 of 2025 1 - Sanjay S/o Vishwanath Rathore Aged About 31 Years 2 - Vishwanath S/o Sitaram Aged About 63 Years Petitioner No.1 & 2 are resident of Manikpur, Police Station - Jaithari, Distt. Anuppur Madhya Pradesh 3 - Dhanpat S/o Vishwanath Rathore Aged About 39 Years 4 - Smt. Jyoti W/o Dhanpat Aged About 33 Years Petitioner No.3 & 4 presently residents of Raipur, Distt. Raipur Chhattisgarh 5 - Smt. Munnibai W/o Vishwanath Rathore Aged About 58 Years R/o Manikpur, Police Station - Jaithari, Distt. Anuppur Madhya Pradesh 6 - Rajesh S/o Vishwanath Rathore Aged About 33 Years R/o Manikpur, Police Station - Jaithari, Distt. Anuppur Madhya Pradesh 7 - Chandramani S/o Bihari Lal Aged About 54 Years R/o Manikpur, Police Station - Jaithari, Distt. Anuppur Madhya Pradesh 8 - Smt. Pooja W/o Ramkishore Rathore Aged About 29 Years R/o Village And Police Station - Anuppur, Distt. Anuppur Chhattisgarh Presently R/o Bhagat Bandh, District Anuppur Madhya Pradesh 9 - Rohni S/o Ramsevak Rathore Aged About 39 Years R/o Village - Pakariya, Police Station - Gourela, Distt. - Gourela-Pendra-Marwahi Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Police Station - Gourela, District Gourela-Pendra-Marwahi Chhattisgarh BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.07.17 18:01:28 +0530 2 2 - Smt. Rajni Rathore D/o Badri Prasad Rathore Aged About 27 Years Presently R/o Village Bandhamuda, Police Station - Gourela, District Gourela-Pendra-Marwahi Chhattisgarh ... Respondents For Petitioners : Mr.Yogendra Chaturvedi, Advocate For Respondent No.1/State : Mr.Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 17.07.2025 1. Heard Mr.Yogendra Chaturvedi, learned counsel for the petitioners as well as Mr.Nitansh Jaiswal, learned Panel Lawyer appearing for respondent No.1/State. 2. The present petition has been filed by the petitioners under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “1. The Hon'ble Court may kindly be pleased to quash/set-aside the FIR dated 23.12.2024 registered as crime no. 433/2024 with the Police Station Gourela, Distt. Gourela Pendra - Marwahi (C.G.) in connection with the offence punishable u/s 498-A, 34 of IPC, in the interest of justice. 2. That, the Hon'ble Court may kindly be pleased to quash/set-aside the charge sheet 3 dated 17.04.2025 filed by the respondent no. 1 before the learned Judicial Magistrate First Class, Pendraroad, Distt. Bilaspur (C.G.), in the interest of justice. 3. That, the Hon'ble Court may kindly be pleased to set-aside/quash the criminal proceeding initiated against the petitioners in criminal case no. 1023/2025, pending before the Judicial Magistrate First Class, Pendraroad, Distt. Bilaspur (C.G.), in the interest of justice.” 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioners have prayed for quashing / setting aside the charge sheet dated 17.04.2025 without mentioning the particulars of the offences under which it has been registered and also not challenged the order taking cognizance, which goes to show that the prayer drafted by learned counsel for the petitioners is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one. 4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.2,000/- as cost by the petitioners in the Registry of this Court within a period of one week and the same shall be transmitted to the Special School for Intellectually Handicapped Girls, District Narayanpur (CG). 5. Certified copy of the documents annexed with this petition shall be 4 returned to the counsel for the petitioners after retaining the photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu