1 2025:CGHC:56007-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3361 of 2025 Md. Sharif S/o Habib Ahmed Aged About 32 Years R/o Durga Nagar Birgaon, Ward No. 35, P.S. Urla, Tahsil And Distt. Raipur, Chhattisgarh. ... Petitioner(s) versus State Of Chhattisgarh Through The Police Of Police Station Pathariya, Distt. Mungeli, Chhattisgarh. ... Respondent(s) For Petitioner : Ms. Indrapreet Kaur Chhabra, Advocate For Respondents/ State: Mr. Shailendra Sharma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 18/11/2025 1. Heard Ms. Indrapreet Kaur Chhabra, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the respondents/ State. 2. The petitioner has filed this petition praying for following Prayer:- “1. That, the Hon'ble Court may kindly be pleased to JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.11.19 13:01:09 +0530 2 allow the instant petition under section 528 of B.N.S.S. 2023 filed by the petitioner. 2. That, Hon'ble Court may kindly be pleased to quash the F.I.R bearing No. 83/2024 registered on dated 21.03.2024 at Police Station Pathariya Dist. Mungeli (Annexure P-1) filed under section 34(1) (a), 34 (2), 36, 59A of Excise Act and Section 103,104 of Trademark Act and Section 420, 465, 468 and 34 of IPC. Consequently the proceeding under Criminal Case No 1378/24 be quashed. 3. That, the Hon'ble Court may kindly grant any other reliefs in favour of the petitioner, which the Hon'ble Court deems fit & just in the facts and circumstances of the case, 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 the consequential proceedings pending before the learned trial Court. However, in the opinion of this Court, the prayer is defective as the charge- sheet itself has not been challenged which shows that the prayer drafted by learned counsel for the petitioner is in a casual manner. 4. At this stage, learned counsel for the petitioner seeks permission 3 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