Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45482-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2796 of 2025 Kumar Sai Chouhan S/o Kedar Nath Chouhan Aged About 55 Years R/o Ward No. 14, Shivrinarayan, Police Station- Shivrinarayan, District Janjgir-Champa C.G.
... Petitioner(s) versus
1. State of Chhattisgarh Through Station House Officer, Police Station- Shivrinarayan, District Janjgir-Champa C.G.
2. Bharat Lal Gada S/o Laxminarayan Gada Aged About 40 Years R/o Village- Godhna, Police Station- Nawagarh, District- Janjgir- Champa C.G.
...Respondent(s) For Petitioner : Mr. Ravi Kumar Banjare, Advocate. For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
08.09.2025
1. Heard Mr. Ravi Kumar Banjare, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.08 17:45:39 +0530
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2. The present petition has been filed by the petitioner with the following prayer:
“It is, therefore, most humbly and respectfully prayed that this Hon’ble Court may kindly be pleased to quash the cognizance order dated 27.11.2024 took cognizance of the offences under Section 296, 351(2), 115(2) of the Bharatiya Nyaya Sanhita, 2023 by the learned Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa (C.G.) in Criminal Case No.1334 of 2024 and further be pleased to quash the entire criminal proceedings, including Final Report No. 441 of 2024 dated 25.11.2024 and Crime No. 363 of 2024 dated 08.09.2024 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.), against the petitioner for the alleged offences under Section 296, 351(2), 115(2) of the Bharatiya Nyaya Sanhita, 2023, in the interest of justice.”
3. The petitioner has approached this Court seeking the quashing of proceedings pending against him before the competent Court for offences under Sections 296, 351(2), and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). A perusal of the prayer in the present petition indicates that the matter pertains to the year 2024, as the FIR was lodged against the petitioner on 08.09.2024, the charge-sheet was submitted on 25.11.2024, and cognizance was taken on 27.11.2024. 3
4.
When the learned counsel for the petitioner was specifically queried regarding whether charges have been framed and the current status of the trial, he stated that he was not aware of these details and had also not annexed a copy of the learned trial Court’s order-sheet reflecting the status of the proceedings. Thereupon, the learned counsel for the petitioner sought permission of this Court to withdraw the present petition, with liberty to file a fresh petition along with the order-sheet of the learned trial Court. 5. Learned State counsel raised no objection. 6. In view of the submissions made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn, with liberty to file a fresh petition as prayed for, subject to the petitioner depositing a sum of Rs. 2,000/- as costs before the Registry of this Court and producing the receipt thereof at the time of filing 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, shall be returned to the petitioner after retaining photocopies for the record. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan