1 2025:CGHC:45826-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2698 of 2025 1 - Mrs. B. Ratnam W/o Late A.C.S. Rao, Aged About 69 Years R/o VR-58 Ganpati Vihar, Borsi, Durg (C.G.) 2 - Mrs. Kalpna Acharya, W/o K. Satish Kumar, Aged About 47 Years R/o VR- 58 Ganpati Vihar, Borsi, Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Sho Ps Mahila Thana, Durg, District Durg (C.G.) 2 - Smt. A. Rajni, W/o A. Santosh, Aged About 33 Years R/o VR-58 Ganpati Vihar, Borsi, Durg (C.G.) --- Respondent(s) CRMP No. 2783 of 2025 A. Santosh S/o Lt. Shri A.C.S. Rao Aged About 33 Years R/o Wagon R. 58, Ganapti Vihar, Borsi Dist- Durg Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Sho Ps Mahila Thana, Durg, District- Durg Chhattisgarh. 2 - Smt. A. Rajni W/o A. Santosh Aged About 33 Years R/o VR-58 Ganpati Vihar, Borsi Durg Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Aman Pandey, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge 2 Order on Board Per Ramesh Sinha, Chief Justice 09/09/2025 1. Heard Mr. Aman Pandey, learned counsel for the petitioner(s) as well as Mr. Hariom Rai, learned Panel Lawyer for the State/respondent No. 1. 2. Despite identical prayer being made in Cr.M.P. No. 2783/2025, which was filed by the petitioner-husband subsequent to filing of Cr.M.P. No. 2698/2025, Cr.M.P. No. 2783/2025 was listed before a learned Single Judge on 29.08.2025 and on 03.09.2025, when Cr.M.P. No. 2698/2025 was taken up by this Bench, it was informed by Mr. Pandey that Cr.M.P. No. 2783/2025 filed by the petitioner-husband was allotted to a learned Single Bench and as such, this Court directed the Registry to connect Cr.M.P. No. 2783/2025 alongwith Cr.M.P. No. 2698/2025 and to list both the case today before this Bench. Vide order dated 04.09.2025, the Registrar (Judicial) was directed to submit a report as to how the earlier petition i.e. Cr.M.P. No. 2698/2025 came to be listed before this Bench whereas Cr.M.P. No. 2783/2025, came to be allotted to a Single Bench, when the prayer made in both the petitions were identical. Both the petitions were directed to be listed before this Bench today. 3. In compliance of the aforesaid order, the Registrar (Judicial) has submitted a report which states that Cr.M.P. No. 2783/2025 was erroneously listed before the learned Single Judge by the concerned Checker and as such, the same was delisted and and again listed before this Bench, as per the Roster. The explanation of the concerned Checker has also been enclosed wherein he has tendered his unconditional apology assuring this Court that such mistake shall not be repeated in future. 3 4. Considering the report as well as the apology tendered by the concerned Checker, the matter is dropped. The official concerned is warned to remain careful in future. 5. So far as the merits of the case are concerned, since the facts and issue involved in both the petitions are common, they are being considered and decided together by this common order. 6. In both these petitions, the petitioner(s) seek quashing of the order dated 14.06.2023 which is an order framing charge, the charge sheet bearing No. 15/2019 dated 03.04.2019 alongwith the consequential criminal proceedings including Case No. RCC/2743/2019 pending before the learned Judicial Magistrate First Class, Durg. 7. At the outset, Mr. Pandey, learned counsel for the petitioner(s) submits that the petitioner(s) had challenged the order dated 14.06.2023 framing charge against the petitioner(s) before the learned Sessions Court which was rejected, but the said rejection order has not been challenged before this Court, nor has been enclosed with the petition. He, however submits that an avermnet has been made in the petition with regard to the same. 8. Since the order dated 14.06.2023 framing charges against the petitioner(s) has already been challenged before the learned revisional Court by the petitioners which, according to the learned counsel for the petitioner(s) stood rejected, the said rejection order has not been challenged, the prayers made in these petitions are defective. 9. Mr. Pandey submits that he may be permitted to withdraw these petitions with liberty to file a better constituted petition with proper prayers and pleadings. 10. Learned counsel for the other side has no objection. 11. In view of the above submission made by learned counsel for the 4 petitioner(s), these petitions are dismissed as withdrawn with liberty as prayed for, subject to the petitioner {in Cr.M.P. No. 2783/2025} depositing a sum of Rs. 5000/- as costs before the Registry of this Court and producing the receipt of the same at the filing of fresh petition(s), if any. The amount so deposited shall be transmitted to the Government Special School for Intellectual Retardation, Rajnandgaon, Chhattisgarh. 12. Certified copies of the annexures and other documents, if any, may be returned back to the petitioner(s) after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.10 19:29:26 +0530