1 2025:CGHC:56709-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3527 of 2025 Smt. Prabha Sahu Wd/o Late Rupendra Kumar Aged About 41 Years R/o Shyama Prasad Mukherjee Ward, Sai Colony, Bhatapara, Police Station- Bhatapara (City), District- Baloda Bazar-Bhatapara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Police Station- Bhatapara (City), District- Baloda Bazar-Bhatapara (C.G.) 2 - Rajeev Dubey S/o Narayan Dubey Aged About 59 Years R/o Nayapara Ward Bhatapara, P.S. Bhatapara (City), District- Balodabazar- Bhatapara, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Ashok Kumar Varma, Senior Advocate along with Mr. Gajendra Kumar Sahu and Mr. Virendra Varma, Advocates. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 21.11.2025 1. Heard Mr. Ashok Kumar Varma, learned Senior Advocate along MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.22 11:55:52 +0530 2 with Mr. Gajendra Kumar Sahu and Mr. Virendra Varma, learned counsel for the petitioner. Also heard Ms. Soumya Sharma, learned Panel Lawyer for the respondent No.1 / State. 2. The petitioner has filed this petition praying for following relief:- “i. That, the 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. ii. The Hon'ble Court may kindly be pleased to quash the F.I.R. bearing no. 300/2021 registered as police station Bhatapara (City) u/s 306, 34 of I.P.C. and Section 3/4 of Chhattisgarh Debtor Protection Act 1937. iii. That, this Hon'ble Court may kindly be pleased to quash/set-aside the cognizance taken by the Learned Judicial Magistrate First Class Bhatapara wherein the JMFC has taken cognizance on 29.01.2025 u/s 306, 34 of I.P.C. and Section 3/4 of Chhattisgarh Debtor Protection Act 1937 in Criminal Case No. 1708/2024 and sent the matter for committal before Learned Additional Judge Bhatapara in Session Trail Case No. 12/2025. iv. That, the Hon'ble Court may kindly pleased to quash the entire charge sheet filed on dated 14.02.2022 before learned Additional Judge of Additional Session Judge Bhatapara, District Balodabazar- Bhatapara (C.G.), (in Session Trial case no. 12/2025).” 3. From perusal of the relief prayed for in the present petition, it transpires that the same is a defective one as the counsel for the petitioner has not challenged the order framing charge and he has only drafted a vague and sketchy prayer, in a casual manner and has wasted the precious time of the Court. 4. In view of the same, learned counsel for the petitioner prays to 3 withdraw the present petition with liberty to file afresh. 5. Accordingly, this petition is dismissed as withdrawn, with liberty to file petition afresh, subject to depositing a sum of Rs.5,000/- as cost by the petitioner in the Registry of this Court and the same shall be transmitted to the Government Home for Mentally Underdeveloped Children, Mana Camp, District- Raipur (C.G.). 6. Learned Panel Lawyer appearing for respondent No.1 / State is present. 7. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner after obtaining the photocopy of the same, subject to deposit of the fine amount. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet