1 2025:CGHC:46701-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2856 of 2025 Garima Dhuppad D/o Shri Balkishan Dhuppad Aged About 38 Years R/o- Abhi Nandan House, Punjab Colony, Katora Talab, Raipur, Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Mana Camp, District Raipur (C.G.) ... Respondent(s) For Petitioner : Ms. Muskaan Fatwani, Advocate For Respondents/ State: Mr. Soumya Rai, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 12/09/2025 1. Heard Ms. Muskaan Fatwani, learned counsel for the petitioner. Also heard Mr. Soumya Rai, learned Panel Lawyer for the respondents/ State. 2. The petitioner has filed this petition praying for following relief:- JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.15 10:57:30 +0530 2 (1) Call for the records of Criminal Case No. 3521/2021 (State of Chhattisgarh vs. Garima Dhuppad & Another), pending before the learned Judicial Magistrate First Class, Raipur, arising out of Crime No. 37/2021 registered at Police Station Mana Camp, Raipur; (2) Quash the FIR bearing Crime No. 37/2021 registered at Police Station Mana Camp, Raipur, and quash the charge sheet filed thereunder, as far as it pertains to the Petitioner (Accused No. 2, Dr. Garima Dhuppad), for being manifestly erroneous and an abuse of process of law; (3) Quash the order dated 24.03.2021 passed by the CJM, Raipur vide which the court has took cognizance and issued summon against the petitioner for offence under sec 304 Part A of the IPC, along with sequential order sheets; (4) Quash and set aside the impugned order dated 16.12.2024 passed by the learned Judicial Magistrate First Class, Raipur, whereby the Petitioner's application under Section 239 CrPC for discharge was rejected; (5) Quash and set aside the impugned order dated 21.05.2025 passed by the learned Additional 3 Sessions Judge, Raipur, in Criminal Revision No. 71/2025, affirming the order dated 16.12.2024 passed by the JMFC; (6) Consequently, discharge the Petitioner (Accused No. 2) from all further criminal proceedings in Criminal Case No. 3521/2021 pending before the learned JMFC, Raipur; (7) Pass any such other or further orders as this Hon'ble Court may deem fit, proper and just in the interest of justice. This Hon'ble Court be further pleased to pass such other orders as it may deem fit under the facts and circumstances of the case, in favour of the petitioner. 3. It is submitted that till date no charge has been framed after application under Section 239 CrPC for discharge was rejected and thereafter the revision was also rejected by the Sessions Court, Raipur, bearing CRR No.71/2025. 4. From perusal of the pleadings and prayer 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 petition is defect one as the complete order sheet 4 of Trial court have not been annexed to show the present status of the trial. This omission reflects that the petition, as drafted by learned counsel for the petitioner, has been prepared in a casual manner. 5. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition with complete documents. 6. Learned State counsel has no objection. 7. 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 depositing a sum of Rs. 2,000/- as cost by the petitioner in the Registry of this Court for wasting precious time of the court and producing the receipt of the same at the time of filing of the fresh petition, if any. The said amount shall be transmitted to the Special School for intellectually Handicapped Girls, District Narayanpur C.G. 8. 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