1 2025:CGHC:58769-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3681 of 2025 1. Virendra Kumar Sahu S/o Shri Kashiram Sahu Aged About 38 Years R/o Bastipara, Post Tekari, Ward No. 15, Village Julum Police Station Mujgahan District- Raipur (C.G.) 2. Omprakash Kaushal S/o Panchram Kaushal Aged About 44 Years R/o Ward No. 15, Rautpara, Raveli, Post Parsada, Police Station Mujgahan District- Raipur (C.G.) 3. Leeladhar Kaushal S/o Omprakash Kaushal Aged About 21 Years R/o Ward No. 15, Rautpara, Raveli, Post Parsada, Police Station Mujgahan District- Raipur (C.G.) 4. Kavita Sahu W/o Virendra Sahu Aged About 33 Years R/o Bastipara Post Tekari Ward No. 15, Village Julum, Police Station Mujgahan District- Raipur (C.G.) 5. Pileshwari Kaushal W/o Shri Omprakash Kaushal Aged About 43 Years R/o Ward No. 15, Rautpara, Raveli, Post Parsada, Police Station Mujgahan District- Raipur (C.G.) 6. Smt. Teman Bai Sahu W/o Krishna Kumar Sahu Aged About 38 Years R/o Ward No. 8 Near Panchayat Building Narwapara, Julum Police Station Mujgahan District- Raipur (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through Station House Officer, Police Station Mujgahan District- Raipur (C.G.) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.12.04 17:28:53 +0530 2 2. Krishna Kumar Sahu S/o Tetku Ram Sahu Aged About 38 Years R/o Julum, Mujgahan District- Raipur (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Mr. Kishore Narayan, Advocate. For Respondent/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 04.12.2025 1. Heard Mr. Kishore Narayan, learned counsel for the petitioners. Also heard Mr. Soumya Rai, learned Panel Lawyer, appearing for the State/respondent No. 1. 2. The present petition has been filed by the petitioners with the following prayers: “1. Quash FIR dated 23.03.2025 in Crime No. 61 of 2025 registered at Police Station Mujgahan, District Raipur (C.G.), under Section 299, 3(5) of Bhartiya Nyaya Sanhita and under Section 4 of Chhattisgarh Freedom of Religion Act in relation to the present petitioners (Annexure P/1). 2. Quash the charge-sheet bearing No. 101 of 2025 dated 26.07.2025 under Section 299, 3(5) of the Bhartiya Nyaya Sanhita and under Section 4 of Chhattisgarh Freedom of Religion Act submitted by 3 Police Station Mujgahan, District Raipur (C.G.) (Annexure P/2). 3. Quash the order dated 18.08.2025 passed in Criminal Case No. 30209 of 2025 whereby, the Court of Judicial Magistrate First Class, Raipur has taken coginizance of the case pursuant to abovementioned charge-sheet. 4. Quash the criminal proceeding in Criminal Case No. 30209 of 2025 pending before the Court of Judicial Magistrate First Class Raipur, District Raipur (C.G.). 5. Pass any other order in view of the special facts and circumstances mentioned in the present petition, in the interest of justice.” 3. It has been pointed out by the learned State counsel that in the prayer clause of the petition, the provision has been erroneously mentioned as Section 299, 3(5) of the Indian Penal Code (IPC) instead of the corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS). 4. From a perusal of the case record, it appears that although the correction has been carried out in the petition filed before this Court, no such correction has been made by the petitioner in the copy of the petition served upon the State, resulting in an inconsistency between the two versions. In view of this, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh one. 5. In view of the submission made by learned counsel for the petitioners, the present petition is dismissed as withdrawn, with liberty to 4 the petitioners to file a fresh petition, subject to depositing costs of Rs.2,000/- for failing to cure the defect in the prayer clause of the petition served upon the State, thereby wasting the precious time of the Court. The said amount shall be deposited by the petitioners before the Registry of this Court, and the receipt thereof shall be produced at the time of filing the fresh petition, if any. The amount so deposited shall be transmitted to the Special School for Intellectually Handicapped Girls, District Narayanpur (C.G.). 6. Certified copies of the documents annexed to the petition, if any, may be returned to the counsel for the petitioner after retaining photocopies of the same. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan