1 2025:CGHC:47104-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2882 of 2025 1. Shahida Begam W/o Late Sikandar Hamid, Aged About 78 Years (Senior Citizen) R/o Rameshwar Nagar, Khandva, P.S. Moghroad, District Khandva (M.P.) 2. Shadab Hameed S/o Late Sikandar Hamid, Aged About 78 Years R/o Rameshwar Nagar, Khandva, P.S. Moghroad, District Khandva (M.P.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Sho P.S. Darri, Korba, District Korba (C.G.) 2 .Superintendent Of Police, East Nimad Khandva, Dist. Khandva (M.P.) 3. Sabid Ali S/o Ahmad Ali, Aged About 39 Years R/o Quarter No. Hig/26 Saada Colony, Jamnipali, P.S. Darri, District Korba (C.G.) For Petitioner : Mr. Syed Ishhadil Ali, Advocate For Respondents/ State: Ms. Soumya Sharma, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 15/09/2025 1. Heard Mr. Syed Ishhadil Ali, learned counsel for the petitioner. Also heard Ms. Soumya Sharma, learned Panel Lawyer for the JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.09.16 10:14:28 +0530 2 respondents/ State. 2. The petitioner has filed this petition praying for following relief:- “It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to Quash the FIR, registered by respondent no. 1 P.S.-Darri, Korba, District- Korba (C.G.) under Crime no. 207/2021 under section 420, and 34 of IPC on 06.09.2021 Entire charge-sheet dated- 30/07/2025 filed before learned trial Court JMFC Katghora, Dist- Korbba (C.G.), and all consequential proceedings Criminal case no. 4634/2025 State C.G. v/s Shadab Hameed and other pending before the learned trial Court JMFC Katghora, Dist- Korbba (C.G.) in connection with Crime No. 207/2021 dated 06/09/2021 Under section-420, 34 of the IPC, P.S. Darri, District Korba (C.G.), and Pass such other order(s) as this Hon'ble Court may deem fit in the interest of justice.” 3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and cognizance of the offence has been taken by the learned trial Court. The petitioner has prayed for quashing of the FIR and charge-sheet and the proceedings pending before the learned trial Court. However, in the opinion of this Court, the prayer is defective one as the order taking cognizance has not been challenged. This omission reflects that the prayer, as drafted by learned counsel for the petitioner, has been prepared in a casual manner. 3 4. Learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition with a proper prayer. 5. Learned State counsel has no objection. 6. In view of the submissions made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty as prayed for, subject to depositing a sum of Rs. 2,000/- as cost by the petitioner in the Registry of this Court for wasting precious time of the court and producing the receipt of the same at the time of filing of the fresh petition, if any. The said amount shall be transmitted to the Government Multi-Disabled Home, Village Pendri, District- Janjgir- Champa (C.G.). 7. Certified copies of the FIR, charge-sheet, and other documents, if any, may be returned to the petitioner after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti