1 2025:CGHC:45150-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2777 of 2025 1. Uma Pandey W/o Shri Sunil Kumar Pandey Aged About 52 Years R/o Kantiprakashpur at Present Agrasen Ward, Thana- Ambikapur, Distt.- Surguja (C.G.) 2. Priyesh Pandey S/o Shri Sunil Kumar Pandey Aged About 28 Years R/o Kantiprakashpur At Present Agrasen Ward, Thana- Ambikapur, Distt.- Surguja (C.G.) 3. Priyanka Dubey D/o Shri Rajendra Dubey Aged About 32 Years R/o Agrasen Ward, Thana- Ambikapur, Distt.- Surguja (C.G.) 4. Swarnim Shukla S/o Shri Devesh Shukla Aged About 35 Years R/o Kharsiya Naka, Agrasen Ward, Ambikapur, Distt.- Surguja (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The District Magistrate Ambikapur, Distt.- Surguja (C.G.) 2. Pushpa Pandey W/o Shri Prakashchand Pandey Aged About 42 Years R/o Agrasen Ward, Ambikapur, Distt.- Surguja (C.G.) ...Respondent(s) For Petitioners : Mr. Sunil Sahu, Advocate. For Respondent/State : Mr. Swajeet Ubeja, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.04 18:35:53 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 04.09.2025 1. Heard Mr. Sunil Sahu, learned counsel for the petitioners. Also heard Mr. Swajeet Ubeja, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayer: “It, is therefore, prayed that the petition may kindly be allowed and the charge-sheet of Crime No. 1064 of 2022 registered at P.S. Ambikapur for offences under Sections 452, 294, 506, 323, 427 and 34 of the Indian Penal Code and the proceedings of Criminal Case No. 5831 of 2024 pending before the CJM, Ambikapur, District Surguja (C.G.) may kindly be quashed, 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 3 Court. However, in the opinion of this Court, the prayer is defective as the petitioner has not prayed for quashing of the order taking cognizance of the offences by the learned trial Court, which shows that the prayer drafted by learned counsel for the petitioner is in a casual manner. 4. Learned counsel for the petitioners 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 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 Government Special School for Intellectually Retarded Girls Gaganpur, Ambikapur, District Surguja (C.G.). 7. Certified copies of the FIR, charge-sheet, and other documents, if any, may be returned to the petitioners after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan