1 2025:CGHC:47374-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2891 of 2025 Toran Thakur S/o Chandan Singh Thakur Aged About 46 Years R/o Presently Ward No. 8 Higher Secondary School, Tigadda Chowk, Nagar Panchayat Kharora, District - Raipur Chhattisgarh ... Petitioner(s) versus 1. The State of Chhattisgarh Through Police Station Khaora, District - Raipur Chhattisgarh 2. Brijbhushan Nayak S/o Kubernarayan Nayak Aged About 42 Years R/o Ward No. 5, Village Kharora, District - Raipur Chhattisgarh ...Respondent(s) For Petitioner : Mr. Ashutosh Pandey, Advocate. For Respondent/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 16.09.2025 1. Heard Mr. Ashutosh Pandey, learned counsel for the petitioner. Also heard Mr. Soumya Rai, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.09.16 18:06:05 +0530 2 2. The present petition has been filed by the petitioner with the following prayers: “(i) This Hon’ble Court may kindly be pleased to quash the final report bearing No. 367 of 2023 dated 06.07.2023 and consequential proceedings in Criminal Trial No. 175 of 2023 as being arises from successive FIR and to prevent the abuse of process of law. (ii) This Hon’ble Court may kindly be pleased to direct for joint trial in final report bearing No. 353 of 2023 and 367 of 2023 as arises from same incident and accused is also same. (iii) This Hon’ble Court may kindly be pleased to pass such orders/directions which is deemed fit and proper in the facts and circumstances of the present case.” 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 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. 3 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. 2,000/- 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 Disabled College, Mana Camp, Raipur (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 Brijmohan