1 2025:CGHC:38951-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2456 of 2025 1 - Pramod Banjare S/o Shri Pratap Kumar Banjare Aged About 29 Years (As Per P- 2) 2 - Yashvant Banjare W/o Pratap Kumar Banjare Aged About 60 Years 3 - Deepmala Banjare W/o Praveen Banjare Aged About 45 Years 4 - Praveen Banjare S/o Pratap Kumar Banjare Aged About 30 Years 5 - Pratap Kumar Banjare S/o Late Phoolchandra Banjare Aged About 63 Years All of R/o Indrapara, Bhilai -3 District- Durg (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Mahila Thana Bilaspur District - Bilaspur, Chhattisgarh 2 - Smt. Nisha Banjare W/o Pramod Kumar Banjare Aged About 31 Years (As Per Family Court Order ) Village Dhurvakari Post Pachpedi, Tahsil Masturi, District - Bilaspur (C.G.) ... Respondents For Petitioners : Mr.Prabhat Kumar Saxena, Advocate For Respondent No.1 : Mr.Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.08.06 17:49:09 +0530 2 Per Ramesh Sinha, Chief Justice 6.8.2025 1. Heard Mr. Prabhat Kumar Saxena, learned counsel for the petitioners as well as Mr.Malay Jain, learned Panel Lawyer 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 :- “It is, therefore, prayed that this Hon'ble court may kindly be pleased to allow the instant petition and quash the FIR/Crime No. 65/2021 for an offence under section 498A,34 of IPC registered in Police Station Mahila Thana Bilaspur, District Bilaspur (C.G.), charge sheet and all Criminal proceeding pending before the court of learned CJM/First Civil Judge Senior Grade Bilaspur (C.G.) in Criminal Case No.6089/2021, in the interest of justice.” 3. Learned counsel for the petitioners submits that application Section 320 CrPC was filed and the same was rejected. 4. Learned Panel Lawyer appearing for respondent No.1/State has pointed out that neither the said application nor the said order has been annexed by the petitioners in this petition. 5. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioners have not filed the application under Section 320 CrPC nor the order rejecting the 3 said application, which goes to show that the petition filed 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 petition is defective one. 6. 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 and the same shall be transmitted to the Government Multi Handicapped Special School, Bagbahara, District Mahasamund (CG). 7. Certified copy of the documents annexed with this petition shall be 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