1 2025:CGHC:45151-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2791 of 2025 1. Ramesh Chandra Tripathi S/o Shri Anandi Prasad Tripathi Aged About 54 Years R/o Gram- Panchayat Belpan, Pura, Takhatpur District- Mungeli (C.G.) 2. Mamta Tripathi Ramesh Chandra Tripathi Aged About 53 Years R/o Gram- Panchayat- Belpan Pura, Takhatpur District- Mungeli (C.G.) 3. Deepak Tripathi S/o Ramesh Chandra Tripathi Aged About 31 Years Gram Panchayat Belpan, Pura, Takhatpur, District- Mungeli (C.G.) 4. Jyoti Mishra Wd/o Late Ashok Mishra Aged About 30 Years R/o Gram- Panchayat Belpan Pura Takhatpur, District- Mungeli (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through Station House Officer Police Station Katghora, Civil and Revenue District- Korba (C.G.) 2. Virendra Kumar Mishra S/o Late Shri S.P. Mishra Aged About 60 Years R/o Sector 6, Balko Korba District- Korba (C.G.) ...Respondent(s) For Petitioners : Mr. Bhuvneshwar Singh Rajput, Advocate. For Respondent/State : Mr. Malay Jain, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.04 18:35:51 +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. Bhuvneshwar Singh Rajput, learned counsel for the petitioners. Also heard Mr. Malay Jain, 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 this Hon’ble Court may kindly be pleased to quash the FIR bearing Crime No. 392 of 2022 registered at Police Station Katghora, District Korba (C.G.), charge-sheet No. 220 of 2023 filed before the learned Judicial Magistrate First Class Katghora, District Korba (C.G.) and the taking cognizance by the learned trial Court under Criminal Case No. 2057 of 2023 and entire criminal case, in the interest of justice.” 3. From a perusal of the prayer and pleadings in the present petition, it is evident that a charge-sheet has already been filed against the petitioner and cognizance of the offences has been taken by the learned trial Court. The petitioner seeks quashing of the FIR, the 3 charge-sheet, as well as the cognizance order passed by the learned trial Court. However, in the considered opinion of this Court, the prayer suffers from a defect inasmuch as the petitioner has failed to mention the date on which cognizance was taken by the learned trial Court. This omission reflects that the prayer, as drafted by learned counsel for the petitioners, has been prepared 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 petitioners, the present petition is dismissed as withdrawn with liberty as prayed for, subject to the petitioners 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 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 petitioners after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan