1 2025:CGHC:46703-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2860 of 2025 Abdul Rahim S/o Shri Abdul Ajeet Aged About 48 Years By Caste - Musalman, R/o Village- Mani, Thana - Pratappur, Distt.- Surajpur (C.G.) ... Petitioner(s) versus State Of Chhattisgarh Through The District Magistrate Baikunthpur, Distt.- Korea (C.G.) ... Respondent(s) For Petitioner : Mr. Sunil Sahu, Advocate For Respondents/ State: Mr. S.S. Baghel, Dy. G.A. 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 Mr. Sunil Sahu, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Dy. G.A. for the respondents/ State. 2. The petitioner has filed this petition praying for following relief:- “It, is therefore, prayed that the petition may kindly JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.12 17:55:22 +0530 2 be allowed and the chargesheet of crime No. 131/2017 for registered at P.S. Baikunthpur, Distt. - Korea (C.G.) for offences punishable u/s 147, 148, 188, 294, 506, 323, 395, 427, 447, 448, 452, 419, 420, 467, 468, 471, 120-B of Indian Penal Code and Section 3(2)(iv)(v), 3(1)(r)(s) of SC/ST Act and the order of taking cognizance dated 22.03.2021 passed in Special Criminal Case no. 09/2021 pending before the Special Judge SC/ST (Prevention of Atrocities) Act, Korea (Baikunthpur), (C.G.) along with the proceedings of Special Criminal Case 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 Court. However, in the opinion of this Court, the petition is a defective one as the complainant has not been impleaded as the party. 4. Learned counsel for the petitioner 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 In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty as prayed for subject to depositing a sum of Rs. 5,000/- as 3 cost by the petitioner in the Registry of this Court for wasting precious time of the court and the said amount shall be transmitted to the Government Multi-Disabled Home, Village Pendri, District- Janjgir- Champa (C.G.). 7. 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