Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:40025-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2502 of 2025 Bipin Chandra Pal S/o Baburam Pal Aged About 24 Years R/o Village Haraiya, Podi, P.O. Naugai, P.S. Baidhan And Tehsil- Singrauli, District- Singrauli (M.P)
... Petitioner(s) versus
1. State of Chhattisgarh Through- Station House Officer, Highway Police Chowki Nagpur, Police Station, Podi District- M.C.B. (C.G.)
2. Victim (In Sealed Envelop)
...Respondent(s) For Petitioner : Mr. Shakti Raj Sinha, Advocate. For Respondent/State : Mr. S.S. Baghel, Deputy Government Advocate. Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Bibhu Datta Guru
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
11.08.2025
1. Heard Mr. Shakti Raj Sinha, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.08.13 10:53:16 +0530
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2. The present petition has been filed by the petitioner with the following prayers:
“It is, therefore, prayed that this Hon’ble Court may kindly be pleased to quash the charge-sheet bearing No. 14 of 2025 filed in connection with Crime No. 18 of 2025, registered at Police Station Podi, District MCB (C.G.) for the offence punishable under Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023, and the consequential Sessions Trial No. 68 of 2025 pending before the Hon’ble Court of Additional Sessions Judge, Fast Track Special Court (FTSC), Manendragarh, District Koriya (C.G.), 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, charge-sheet, and the proceedings pending before the learned trial Court. However, in the opinion of this Court, the prayer is defective as the petitioner has not prayed for quashing of the order taking cognizance of the offences by the learned trial Court, which shows that the prayer drafted by learned counsel for the petitioner is in a casual manner.
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.
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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 the petitioner depositing a sum of Rs. 2,000/- as costs before the Registry of this Court and producing the receipt of the same at the time of filing of the fresh petition, if any. The amount so deposited shall be transmitted to the Special School for Intellectually Handicapped Girls, District Narayanpur (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 Brijmohan