1 2025:CGHC:2395-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 153 of 2025 1 - Sarhul Bhagat S/o Lt. Shri Kila Ram Bhagat Aged About 62 Years R/o Village - Baghima, Police Station Jashpur, District Jashpur Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur Chhattisgarh 2 - The Superintendent Of Police Jashpur, District Jashpur Chhattisgarh 3 - The Station House Officer Police Station Jashpur, District Jashpur Chhattisgarh 4 - Leelavati W/o Late Ramdas Aged About 52 Years R/o Village Baghima, Tahsil Jashpur, District Jashpur Chhattisgarh 5 - Santoshi W/o Late Rakesh Das Aged About 42 Years R/o Village Baghima, Tahsil Jashpur, District Jashpur Chhattisgarh 6 - Rohit Das S/o Late Ramdas Aged About 28 Years R/o Village Baghima, Tahsil Jashpur, District Jashpur Chhattisgarh 7 - Bhola Shankar S/o Late Ramdas Aged About 28 Years R/o Village Baghima, Tahsil Jashpur, District Jashpur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Abhishek Sinha, along with Mr. Ghanshyam Patel, Advocate For Respondent(s) : Mr. N. K. Jaiswal, Panel Lawyer 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, J. Order on Board Per Ramesh Sinha, Chief Justice 15/01/2025 1. Heard Mr. Abhishek Sinha, along with Mr. Ghanshyam Patel, learned counsel for the petitioner. Also heard Mr. N. K. Jaiswal, Panel Lawyer for the Respondent/State. 2. The present petition has been filed by the petitioner with the following prayer: "1. That, this Hon'ble Court may kindly be pleased to quashed the FIR No. 267/2016 registered at police station Jashpur, District- Jashpur on 28.11.2016 for offence punishable under Section 420, 467, 468 & 471 read with 34 of I.P.C. 2. That this Hon'ble Court may kindly be pleased to quash the supplementary charge-sheet no. 22-A/2023 dated 04.08.2023 filed against the petitioner for offence punishable under Section 420, 467, 468 & 471 read with 34 of I.P.C." 3. At the time of hearing, this Court has observed that the petitioner has filed the present petition without challenging the order of cognizance taken by the Magistrate and till date the Magistrate concerned has not taken cognizance in the matter for want of original record. 4. Learned counsel for the petitioner prays for withdrawal of the petition with liberty to file afresh with proper pleading and prayer challenging the order taking cognizance also. He would further submits that till date the Magistrate has not taken cognizance for want of original record and he may be given liberty to file afresh petition if the Magistrate will take cognizance of the case against the petitioner. He would also submits that although the Magistrate has called the original record but it cannot be made available because of the reason that the original record of the case 3 has been summoned by the appellate Court in the appeal filed by the co-accused persons against their conviction. Therefore, the learned trial Court may also be directed to proceed in the matter expeditiously and pass the appropriate order after calling record of the said case. 5. Considering the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty to file afresh if any cause of action arose after the learned Magistrate take cognizance of the offence on the supplementary charge-sheet which has been submitted against the petitioner. It transpires from the order-sheets of the learned trial Court that because of the original record has been summoned in the appellate Court in the matter of co- accused, no order of cognizance has been passed in the present case, the learned Magistrate is further directed to pass appropriate orders for calling upon of the record of the said case. 6. In view of the above, the present petition is accordingly dismissed as withdrawn with liberty to file afresh making proper prayer and if occasion so arises. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.01.23 18:56:27 +0530