1 2025:CGHC:49994-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3060 of 2025 1 - Chitesh Verma S/o Tribhuvan Verma Aged About 40 Years (Husband) Presently Resident Of 134c, Chelsea Court, Walkers Road, George Town, Cayman Island- 1106, Permanent R/o Village- Ghoghedabri, Police Station- Thelkadih, District- Khairagarh Chhuikhadan Gandai (C.G.) 2 - Ajay Verma S/o Tribhuvan Verma Aged About 33 Years (Brother In Law) Permanent R/o Village- Ghoghedabri, Police Station- Thelkadih, District- Khairagarh Chhuikhadan Gandai (C.G.) 3 - Smt. Ankunwar Verma W/o Tribhuvan Verma Aged About 60 Years (Mother In Law) Permanent R/o Village- Ghoghedabri, Police Station- Thelkadih, District- Khairagarh Chhuikhadan Gandai (C.G.) 4 - Smt. Shanta Bai W/o Ajay Verma Aged About 33 Years (Sister In Law) Permanent R/o Village- Ghoghedabri, Police Station- Thelkadih, District- Khairagarh Chhuikhadan Gandai (C.G.) ... Petitioner(s) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.10.08 18:35:30 +0530 2 versus 1 - State Of Chhattisgarh Through The Police Station Khairagarh, District Khairagarh Chhuikhadan Gandai, Chhattisgarh 2 - Smt. Sharda Verma W/o Chitesh Verma Aged About 35 Years D/o Late Kamlakant Verma, Presently R/o Indralok City, Khairagarh, District Khairagarh Chhuikhadan Gandai, C.G, Permanent R/o Village- Ghoghedabri, Police Station- Thelkadih, District Khairagarh Chhuikhadan Gandai (C.G.) (Complainant/ Wife) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Siddharth Pandey, Advocate. For Respondent(s) : Shri Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 08.10.2025 1. Heard Shri Siddharth Pandey, learned counsel for the petitioners as well as Shri Sakib Ahmed, learned Panel Lawyer for the State. 2. The present Cr.M.P. has been filed with the following prayer:- It is therefore prayed that this Hon'ble Court may kindly be pleased to quash and set-aside:- 3 (i) First Information Report (FIR) bearing No. 138/2025 dated 08.05.2025, registered at Police Station Khairagarh, District Khairagarh Chhuikhadan Gandai, CG. for the offences punishable under Sections 85, 296, and 351(3) read with Section 3(5) of the Bhartiya Nyay Sanhita, 2023; (ii) The consequential charge sheet bearing No. 260/2025 dated 27.07.2025, arising out of the aforesaid FIR, filed for the alleged commission of the offences punishable under Sections 85, 296, and 351(3) read with Section 3(5) of the Bhartiya Nyay Sanhita, 2023; (iii) The order dated 28.07.2025 passed by the Chief Judicial Magistrate, Khairagarh Chhuikhadan Gandai, Civil District Rajnandgaon, Chhattisgarh, taking cognizance of the aforementioned charge sheet, along with all consequential orders arising therefrom; (iv) The entire proceedings of Criminal Case No. 2042/2025 titled as 'State of Chhattisgarh vs. Chitesh Verma and Others, pending before the Court of the learned Chief Judicial Magistrate, Khairagarh Chuikhadan Gandai, Civil District Rajnandgaon, Chhattisgarh. 3. It is observed that Petitioner No. 1, who is the husband of private Respondent No. 2, is admittedly residing abroad. Petitioner Nos. 2 to 4 are stated to be the family members of Petitioner No. 1. Upon a specific query made by this Court to the learned counsel for the petitioners as to the reason for 4 filing a memo of appearance instead of a proper vakalatnama, no satisfactory explanation has been furnished. It is apparent that none of the petitioners are in custody so as to warrant acceptance of the memo of appearance. 4. In view of the same, this Court finds that the filing of memo of appearance in the present form is not in accordance with the prescribed procedure and therefore, a proper vakalatnama is required to be filed by all the petitioners. 5. At this juncture, learned counsel for the petitioners seeks permission to withdraw the present petition with liberty to file a fresh petition along with proper vakalatnama. 6. Prayer is allowed. 7. Accordingly, the petition stands dismissed as withdrawn with the aforesaid liberty. 8. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioners after retaining the photocopy of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib