1 2025:CGHC:47955-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2921 of 2025 Ashwani Kumar Dadsena S/o Late Gambhir Ram Dadsena Aged About 58 Years R/o Amarpuri Chowk, Sundernagar, Police Station Purani Basti, Raipur, District Raipur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - The Director General Of Police, Police Department, New Raipur, District Raipur Chhattisgarh 3 - Superintendent Of Police Durg, District Durg Chhattisgarh 4 - Station House Officer Police Station Utai, District Durg Chhattisgarh 5 - Prabhat Chandra Verma S/o Baldau Verma Aged About 50 Years R/o Gandhi Chowk Godpendri, Utai Durg, District Durg Chhattisgarh ... Respondents For Petitioner : Mr.C.R.Sahu, Advocate For Respondents : Mr.Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 18.09.2025 BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR 2 1. Heard Mr.C.R.Sahu, learned counsel for the petitioner as well as Mr.Sakib Ahmed, learned Panel Lawyer appearing for respondents No.1 to 3/State. 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “1. That, Hon'ble Court may kindly be pleased to allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioner, in the interest of justice. 2. That, Hon'ble Court may kindly be pleased to quash the impugned FIR bearing No. 55/2023 registered on dated 04.03.2023 at police station Utai, District Durg Chhattisgarh filed under section 507, 34 of the Indian Penal Code in respect of case of petitioner, in the interest of justice. 3. That, Hon'ble Court may kindly be pleased to quash charge sheet filed on 28.08.2024 and entire criminal proceeding of Criminal Case No. 924/2024 (parties being State Vs. Shyamu Yadav and others) pending before learned Judicial Magistrate First Class Patan, District Durg Chhattisgarh Chhattisgarh in commission of offence under section 507, 34 of the Indian Penal Code against the petitioner in the interest of justice. 4. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, in the interest of justice.” 3 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that the petitioner has prayed for quashing of the impugned FIR bearing No.55/2023 registered on 04.03.2023 and also prayed for quashing of the charge sheet filed on 28.08.2024, but has not challenged the order taking cognizance, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one. 4. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh with appropriate prayers. 5. This Court was inclined to impose cost of Rs.5,000/- on the petitioner for the aforesaid lapse. However, considering the request made by learned counsel for the petitioner, the cost is reduced to Rs.2,000/-. The petitioner is directed to deposit the said amount in the Registry of this Court and the same shall be transmitted to the Special School for Intellectually Handicapped Girls, District Narayanpur (C.G.). 6. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioner after retaining the photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu