1 2025:CGHC:59625-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3723 of 2025 Mayank Chhallani S/o Shri Vinod Chhallani Aged About 40 Years R/o Ganj Road, Nawapara, P.S. Gobra Nawapara, Distt. Raipur, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through P.S. Gobra Nawapara, Distt. Raipur, Chhattisgarh. 2. Shri Mahendra Jain @ Chandu Lal S/o Shri Gulab Chand Jain Aged About 74 Years R/o Ward No. 5, Station Para, Gobra Nawapara, P.S. Gobra Nawapara, Distt. Raipur, Chhattisgarh. ...Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Kashif Shakeel, Advocate. For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 09.12.2025 1. Heard Mr. Kashif Shakeel, learned counsel for the petitioner. Also heard Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for the State/respondent No. 1. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.12.09 17:17:34 +0530 2 2. The present petition has been filed by the petitioner with the following prayer: “It is, therefore, most humbly prayed before the Hon’ble Court that this Hon’ble Court may kindly call for case diary of the Crime No. 245 of 2025 registered before the Police Station Gobra Nawapara, District Raipur (C.G.) & may further be pleased to quash the pending Criminal proceedings of Criminal Case No. 31231 of 2025 including FIR No. 245 of 2025 dated 04.07.2025 & Charge-sheet No. 220 of 2025 dated 21.08.2025 under Section 10, 3(5) of Bharatiya Nyay Sanhita, 2023 pending before JMFC Raipur against the present petitioner, in the interest of justice.” 3. From a perusal of the prayer and the pleadings in the present petition, it transpires that the charge-sheet has admittedly been submitted against the petitioner and the learned trial Court has already taken cognizance of the offences. The petitioner has prayed for quashing of the FIR, the 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 sought quashing of the order by which cognizance has been taken by the learned trial Court. This reflects that the prayer has been drafted 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 an 3 appropriate and complete prayer. 5. Learned State counsel has no objection to the said prayer. 6. In view of the submissions made by the 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 thereof at the time of filing a fresh petition, if any. The amount so deposited shall be transmitted to the Government Disabled College, Mana Camp, Raipur (C.G.). 7. Certified copies of the FIR, charge-sheet, and other documents, if any, shall be returned to the petitioner after retaining photocopies of the same for record. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan