1 2025:CGHC:61167-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3792 of 2025 1. Nilesh Kumar Mane S/o Ram Rao Ji Mane Aged About 45 Years Residing In New State Bank Colony, Raut Layout Post Nalwadi, Wardha, District- Wardha, (Maharashtra) 2. Ravikant Mane S/o Ram Rao Ji Mane Aged About 41 Years Residing In New State Bank Colony, Raut Layout Post Nalwadi, Wardha, District- Wardha, (Maharashtra) 3. Smt. Sushila Mane W/o -Ram Rao Ji Mane Aged About 71 Years Residing In New State Bank Colony, Raut Layout Post Nalwadi, Wardha, District- Wardha, (Maharashtra) ... Petitioner(s) versus 1. The State Of Chhattisgarh Through Station House Officer Of Civil Lines- District - Raipur, C.G. 2. Raju Umberkar S/o Late Ganjanan Rao Umberkar Aged About 60 Years R/o New Shanti Nagar, Gorkha Colony, Raipur, District- Raipur, C.G. 3. Shubham Umberkar S/o Raju Umberkar Aged About 26 Years R/o New Shanti Nagar, Gorkha Colony, Raipur, District- Raipur, C.G. ... Respondent(s) For Petitioner : Mr. Anup Majumdar, Advocate For Respondents/ State: Ms. Soumya Sharma, P.L. Hon’ble Shri Ramesh Sinha, Chief Justice JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.12.17 10:48:57 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 16/12/2025 1. Heard Mr. Anup Majumdar, learned counsel for the petitioner. Also heard Ms. Soumya Sharma, learned Panel Lawyer for the respondents/ State. 2. The petitioner has filed this petition praying for following Prayer:- “ I. This Hon'ble Court may kindly be pleased to quash/set-aside the impugned first information report (F.I.R.) No. 0591/2025 registered at Police Station Civil Lines District-Raipur (C.G.) dated 08/11/2025 for offences under section 318(4), 336(3), 338, 340(2) of the Bharatiya Nyaya Sanhita, 2023, in the interest of justice. II. This Hon'ble Court may kindly be pleased to quash/set-aside the Order Dated 07/10/2025 Passed In CA NO 16542/2025 in application filed by the complainant U/s 175(3) OF Bhartiya Nagrik Suraksha Sahita, 2023 Others) (Raju Umberkar & Another VS Nilesh Kumar And Passed By The Judicial Magistrate First Class Raipur District- Raipur, directing the Police Station Civil Lines for registering the FIR against the applicants for offence 3 U/s section 318(4), 336(3), 338, 340(2) of the BNS, in the interest of justice (C.G.).” 3. From perusal of the prayer and pleadings made in the present petition, it transpires that the petitioner has prayed for quashment of the FIR. However, in the opinion of this Court, the prayer of the stay application is defective. 4. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition. 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 Special School for intellectually Handicapped Girls, District Narayanpur C.G. 7. Certified copies of the 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