1 2025:CGHC:36735-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2352 of 2025 1. Dr. Dinesh Kumar Dewangan S/o Annat Ram Kosta Aged About 42 Years R/o Santipara, Ajirama, Police Station- Gandhinagar, Ambikapur, Tahsil Ambikapur, District- Surguja, Chhattisgarh. 2. Anant Ram Kosta S/o Chamra Ram Kosta Aged About 77 Years R/o Santipara, Ajirama, Police Station- Gandhinagar, Ambikapur, Tahsil Ambikapur, District- Surguja Chhattisgarh. 3. Arvind Dewangan Anant Ram Aged About 46 Years R/o Santipara, Ajirama, Police Station- Gandhinagar, Ambikapur, Tahsil Ambikapur, District- Surguja Chhattisgarh. 4. Smt Rajkumari Dewangan W/o Shri Arvind Dewangan Aged About 43 Years R/o Santipara, Ajirama, Police Station- Gandhinagar, Ambikapur, Tahsil Ambikapur, District- Surguja Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through- Station House Officer Police Station Chandrapur, District- Sakti Chhattisgrh. (Revenue And Police District- Sakti And Civil District- Janjgir- Champa) 2. Smt. Annu Dewangan D/o Ramesh Lal Dewangan W/o Dr. Dinesh Kumar Dewangan Aged About 30 Years R/o Ward No. 11, Dewangan Mohalla, Village- Chandrapur, District- Sakti Chhattisgarh. ...Respondent(s) For Petitioners : Mr. Akath Kumar Yadav, Advocate. For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.29 16:53:55 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 29.07.2025 1. Heard Mr. Akath Kumar Yadav, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayers: “1. That, this Hon’ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner from Police Station Chandrapur, District Sakti (C.G.). 2. That, this Hon’ble Court may kindly be pleased to allow this petition and quash the charge-sheet (challan), which has been registered as Crime No. 95 of 2023 at Police Station Chandrapur, District Sakti against the petitioners fro the offence punishable under Section 498-A, 323, 34 of the Indian Penal Code, as well as the criminal proceeding of Criminal Case No. 164 of 2024 pending before the Judicial Magistrate Class Dabhra, Civil District Janjgir-Champa and all further proceeding of the learned Judicial Magistrate 3 First Class Dabhra Civil District Janjgir-Champa, in the interest of justice. 3. 3. That, any other relief/order which may deem fit and just in the facts and circumstances of the case, in the interest of justice.” 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 has prayed for quashing of the FIR, charge-sheet and the proceedings pending before the learned trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioners has not prayed for quashing of order taking cognizance of the offences by the learned 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. 2,000/- as cost by the petitioner 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 Special School for Intellectually Retarded Girls, Gaganpur, Ambikapur, 4 District Sarguja (C.G.). 6. Certified copy of the FIR, charge-sheet along and other documents, if any, may be returned back to the petitioner after retaining a photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan