1 2025:CGHC:813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3368 of 2024 1 - Raees Ahmed S/o Late Mohammad Indrish Qureshi, Aged About 49 Years R/o K.K. Road Maudhapara, Raipur, Tehsil And District-Raipur, Chhattisgarh, Next To Krishna Tire District-Raipur, Chhattisgarh. 2 - Sabra Begum W/o Late Mohammad Idrish Qureshi, Aged About 70 Years R/o K.K. Road Maudhapara, Raipur, Tehsil And District-Raipur, Chhattisgarh, Next To Krishna Tire District-Raipur, Chhattisgarh 3 - Najma Begum W/o Iqbal Hussain, Aged About 50 Years R/o Housing Board Colony, Assembly Ligislative Road, Saddu Raipur, Tehsil And District-Raipur, Chhattisgarh 4 - Iqbal Hussain S/o Shehbag Hussain, Aged About 60 Years R/o Housing Board Colony, Assembly Legislative Road, Saddu Raipur, Tehsil And District-Raipur, Chhattisgarh 5 - Yunus Qureshi S/o Late Idrish Qureshi, Aged About 45 Years R/o K.K. Road Maudhapara, Raipur, Tehsil And District-Raipur, Chhattisgarh, Next To Krishna Tire, District-Raipur, Chhattisgarh 6 - Aziz Qureshi S/o Late Idrish Qureshi, Aged About 45 Years R/o K.K. Road Maudhapara, Raipur, Tehsil And District-Raipur, Chhattisgarh, Next To Krishna Tire, District-Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through- Police Station Mahila Thana, Durg, District-Durg (C.G.) 2 - Fauziya Quareshi W/o Raiees Ahmad Quareshi, Aged About 48 Years R/o Ward No. 28, Shiv Bajrang Mandir, Pachri Para, Durg, District-Durg, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Krishna Kumar Dewangan, Advocate For Respondent No.1/State : Mr. Shashank Thakur, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.07 16:58:06 +0530 2 Order on Board Per Ramesh Sinha, Chief Justice 07.01.2025 1. Heard Mr. Krishna Kumar Dewangan, learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for respondent No.1 / State. 2. Present petition under Section 528 of BNSS has been filed by the petitioners for recalling of the order dated 16.10.2024 passed by this Court in CRMP No. 2031/2022 on the ground that this Court has dismissed the said CRMP on the basis of status report of Case No. RCC NO. 35/2021 and wrong submission of State counsel that the charges have been framed and the statement of witnesses have been recorded and the case is fixed for argument on 08.11.2024, whereas till date only the charges have been framed and statement of none of the witnesses have been recorded before the trial Court. 3. From perusal of the relief sought for in CRMP No. 2031/2022, it transpires that the same is a defective one as the counsel for the petitioners had not challenged the order taking cognizance and has only drafted a vague and sketchy prayer. 4. In view of the same, learned counsel for the petitioners prays to withdraw the present petition, with liberty to file afresh challenging the order framing charge. 3 5. Accordingly, this petition is dismissed as withdrawn, with liberty to take recourse to law if aggrieved by the order framing charge. 6. Certified copy of the documents annexed in this petition, if any, may be returned back to the counsel for the petitioners after obtaining the photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra