Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7635-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 543 of 2025 Neelkanth Patel S/o Shri Bodhram Patel, aged about 24 years Occupation - Student, R/o Village - Karigathi, Police Station - Sariya, District - Sarangarh - Bilaigarh (C.G.).
... Petitioner versus The State of Chhattisgarh Through - Station House Officer, Police Station Koni, District - Bilaspur (C.G.).
... Respondent ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Raghvendra Pradhan and Mr. Roop Ram Naik, Advocates For Respondent /State : Mr. Nitansh Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble
Mr. Ramesh Sinha, Chief Justice
Hon'ble
Mr.
Ravindra Kumar Agrawal
, Judge
Order on Board Per Ramesh Sinha, Chief Justice 13.02.2025
1. Heard Mr. Raghvendra Pradhan and Mr. Roop Ram Naik, learned counsel for the petitioner as well as Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for the State/respondent.
2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with the following prayers :-
“(i) Quash / set aside the First Information Report / and F.I.R. / Crime No. 133/2024, registered at Police Station Koni, District – Bilaspur (Chhattisgarh) for the alleged ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.13 16:37:08 +0530
2 offence punishable under Section 67(B) Information Technology Act and Section 14 of Protection of Children from Sexual Offences Act, 2012 (Annexure P/1). (ii) Quash/ set aside the consequential criminal proceeding arising out from the Crime No. 133/2024, registered at Police Station Koni, District Bilaspur which is pending before the learned Upper Session Judge First Fast Track Court Special Court (POCSO) Act, Bilaspur, District- Bilaspur (C.G.) in Criminal Case No. Special Criminal Case (POCSO ACT)/6/2025 (Annexure P/2). (iii) Pass any appropriate and suitable order in favour of the petitioner, which this Hon'ble court deems fit in the facts and circumstances of the case.”
3. At the outset, learned State counsel has pointed out that in the present case, charge-sheet has already been submitted and the case is fixed on 19.02.2025 for framing of charge, but the petitioner has not prayed for quashing of the charge-sheet.
4. Considering the aforesaid fact, in the opinion of this Court, the prayer is defective one as the petitioner has not prayed for quashing of the charge-sheet, which goes to show that the prayer drafted by
learned counsel for the petitioner is in a very casual manner.
5. Accordingly, the instant petition is dismissed on this ground alone with liberty to file afresh petition with appropriate prayer, subject to depositing a sum of Rs.2,000/- as cost by the petitioner in the Registry of this Court within a period of one week from today and the same shall be transmitted to the Government School for Visual and Hearing Impaired, Tifra, District – Bilaspur (C.G.). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra