1 2025:CGHC:46704-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2862 of 2025 1. Rajkumar Sharma S/o Late Ratan Lal Sharma Aged About 64 Years R/o 11/624, Baba Sadar, Deendayal Upadhyay Nagar, Near Aakash Gas Godown Gudiyari Raipur District- Raipur (C.G.) 2. Smt. Poonam Sharma W/o Shri Pravin Kumar Bramhdev Aged About 36 Years R/o A.R.B. Imperial Fruit No. D, 507, S.S. 6/3/1/24/1b, Pistol Pune (Maharashtra) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Police Station Khamtarai, District - Raipur (C.G.) 2. Smt. Puja Sharma W/o Late Manoj Sharma Aged About 31 Years R/o Near Baba Sadan Ddu Nagar, Gudyari Teshil And District- Raipur (C.G.) (Complainant) ... Respondent(s) For Petitioner : Mr.Vivek Mishra, Advocate For Respondents/ State: Ms. Soumya Sharma, 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 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.12 17:55:05 +0530 2 1. Heard Mr.Vivek Mishra, learned counsel for the petitioner. Also heard Ms. Soumya Sharma, learned Panel Lawyer for the respondents/ State. 2. The petitioner has filed this petition praying for following relief:- “It is therefore most humbly prayed that the Hon'ble Court may kindly be pleased to allow the instant petition and to quash the entire criminal proceeding arising out of First information report bearing crime number 679/2023, for offences under section 420, 467, 468 & 471 r/w. s. 34 of Indian Penal Code registered on 10/08/2023 by the Police of police station Khamtarai, District Raipur (C.G.) and further to quash the chargesheet submitted by the police after completion of the investigation and to quash the criminal case bearing no.29099/2025, pending in the court of Learned Judicial Magistrate First Class, Raipur (C.G.), 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 and charge-sheet and the proceedings pending before the learned trial Court. However, in the opinion of this Court, the prayer is defective one as the order taking cognizance dated 21.07.2025 has not been challenged. This omission reflects that the prayer, as drafted by learned 3 counsel for the petitioner, has been prepared in a casual manner. 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 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 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