2025:CGHC:15283-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 216 of 2025 1 - Kishan Patel S/o Late Ramnarayan Patel Aged About 33 Years 2 - Shivkumari W/o Kishan Patel Aged About 26 Years Both are R/o Rajak Mohalla, Mangla, Distt- Bilaspur ( C.G. ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Inspector General Of Police, Bilaspur Range, Bilaspur ( C.G.). 2 - Superintendent Of Police Bilaspur ( C.G. ). 3 - Station House Officer Police Station- Civil Lines Distt- Bilaspur ( C.G.). 4 - Xyz ( Name And Other Particulars Of Complainant/ Victim Is Enclosed With Envelop ) --- Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Wasim Miyan, Advocate For Respondent/State : Shri SS Baghel, Dy GA For Respondent-4 : Shri Pritam Kumar Tiwari, Advocate --------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per Ravindra Kumar Agrawal, J. 01.04.2025 Heard Shri Wasim Miyan, learned counsel for the petitioners. Also heard Shri SS Baghel, learned Dy GA for the State and Shri Pritam Kumar Tiwari, learned counsel for respondent-4. Crmp 216 of 2025 2 1. Petitioners have made the following prayer in the petition: “It is prayed, therefore, that the Hon’ble Court may kindly be pleased to allow this petition, quash the FIR registered at Police Station-Civil Lines Bilaspur (CG) in Crime No.1140/24 under Section 296, 115(2), 351(2), 3(5) of BNS and 4 of POCSO Act, and may set free the petitioners from the aforesaid allegation, in the interest of the justice.” 2. Learned counsel for the State would submit that after due investigation, charge-sheet has been filed against petitioner-1, and so far as petitioner-2 is concerned, she is stated to be absconding. 3. At this stage, learned counsel for the petitioners would submit that so far as petitioner-2 is concerned, her arrest has been stayed by this Court vide order dated 28.01.2025, and her name has been wrongly mentioned in the charge-sheet as she was absconding. He would also submit that as investigation has been concluded and charge-sheet has been filed against petitioner-1, liberty may be granted to him to challenge the charge-sheet in appropriate proceeding. 4. With reference to submissions made by learned counsel for the petitioners, learned counsel for the State would fairly submit that by mistake, petitioner-2 is shown to be absconding in the charge-sheet filed against petitioner-1, and the concerned Police is going to file charge- sheet against petitioner-2 also. Crmp 216 of 2025 3 5. Be that as it may, since charge-sheet has been filed against petitioner-1 and the investigation is pending against petitioner-2, it is directed to concerned Police to conclude the investigation pending against petitioner-2 within three weeks from the date of production of certified copy of this order to the concerned Police authority, who shall file the final report within the stipulated time before the concerned Court. Till then, interim relief granted earlier in favour of petitioner-2 shall continue. 6. So far as petitioner-1 is concerned, he is at liberty to challenge the charge-sheet in appropriate proceeding, if so advised. 7. With the aforesaid observation, present petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma