1 2025:CGHC:44834-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2764 of 2025 Domendra Verma S/o Babulal Verma Aged About 22 Years R/o Village- Chechanmeta (Biranpur), P.S. Saja, District- Bemetara, Chhattisgarh. ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 The Superintendent Of Police Bemetara, District- Bemetara (C.G.) 3 The Station House Officer Police Station- Saja, District- Bemetara, Chhattisgarh. 4 Nikita Sahu D/o Hemram Sahu Aged About 21 Years R/o Village- Chechanmeta (Biranpur), Police Station- Saja, District- Bemetara (C.G.) ... Respondent(s) For Petitioner : Ms. Pratibha Sahu, Advocate For Respondents/ State: Mr. Shailendra Sharma, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 3/09/2025 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.04 18:11:19 +0530 2 1. Heard Ms. Pratibha Sahu, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the respondents/ State. 2. The petitioner has filed this petition praying for following relief:- i. That, the Hon'ble Court may be pleased to allow this instant petition under Section 528 of the BNSS, 2023 filed by the Petitioner in the interest of justice. ii. That, the Hon'ble Court may kindly be pleased to quash the First Information Report dated 10.06.2024 registered at Police Station Saja, District Bemetara, vide Crime No. 192/2024, for the alleged commission of offences under Sections 366, 376, 376(2)(n), 342 and 506 of the Indian Penal Code, 1860; iii. That, the Hon'ble Court may kindly be pleased to quash the subsequent Charge sheet No. 201/2024 filed on 06.08.2024 before the learned Judicial Magistrate, Class 1, Bemetara, District Bemetara, Chhattisgarh for the alleged commission of offences under Sections 366, 376, 376(2)(n), 342 and 506 of the Indian Penal Code, 1860. iv. That, the Hon'ble Court may kindly be pleased to quash the subsequent criminal proceedings in the Sessions Case No. 32/2024 which was registered in view of the committal order dated 04.09.2024 (in Criminal Case No. 936/2024), whereby the Judicial Magistrate, Class 1, Saja, District Bemetara, Chhattisgarh committed the case on the basis of the impugned eharge sheet and on which the criminal 3 proceedings in the Sessions Case No. 32/2024 has been initiated and is pending against the Petitioner before learned First Additional Sessions Judge (FTC), Bemetara District Bemetara (C.G.). V. Pass any other order(s) as may be deemed just and proper 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 petitioner and cognizance of the offence has been taken by the learned trial Court. The petitioner has prayed for quashing of the FIR, charge-sheet, and the proceedings pending before the learned trial Court. However, in the opinion of this Court, the prayer is defective as the order taking cognizance dated 28.09.2024 has not been challenged, whereas the order of committal dated 04.09.2024, which has not been annexed in the petition has been sought to be quashed, which shows that the prayer drafted by learned counsel for the petitioner is in a casual manner. 4. Learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition with a proper prayer. 5. Learned State counsel has no objection. 6. In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty as prayed for, subject to the petitioner depositing a sum of 4 Rs. 5,000/- as costs before the Registry of this Court and producing the receipt of the same at the time of filing of the fresh petition, if any. The amount so deposited shall be transmitted to the Special School for Intellectually Handicapped Girls, District Narayanpur (C.G.). 7. Certified copies of the FIR, charge-sheet, and other documents, if any, may be returned to the petitioner after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti