1 2025:CGHC:7882-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 563 of 2025 1. Atish Meshram S/o Jageshwar Meshram Aged About 34 Years R/o G- 15, Ward No. 43, Adarsh Nagar, Durg, District Durg, Chhattisgarh. 2. Jageshwar Meshram S/o Pyare Lal Meshram Aged About 65 Years R/o G- 15, Ward No. 43, Adarsh Nagar, Durg, District Durg, Chhattisgarh. 3. Pranita Meshram W/o Jageshwar Meshram Aged About 53 Years R/o G- 15, Ward No. 43, Adarsh Nagar, Durg, District Durg, Chhattisgarh. ... Petitioner(s) versus 1. The State of Chhattisgarh Through Station House OfÏcer, Police Station Kanker, District Uttar Bastar Kanker, Chhattisgarh. 2. Disha W/o Atish Meshram Aged About 27 Years R/o Govindpur, P.S. Kanker, District Uttar Bastar Kanker, Chhattisgarh. ...Respondent(s) For Petitioners : Mr. Shivam Agrawal, Advocate. For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.02.17 10:55:10 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 14.02.2025 1. Heard Mr. Shivam Agrawal, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayers: “1. It is respectfully prayed that the entire records and the case diary pertaining to the criminal proceedings that are going on before the Court of learned Chief Judicial Magistrate, Uttar Bastar Kanker (C.G.) [Criminal Case No. 6597 of 2024] and the impugned charge-sheet No. 350 of 2024 filed for offences under Sections 85, 3(5) of the BNS 2023 arising out of the impugned FIR No. 375 of 2024 registered at the P.S. Kanker, District Uttar Bastar Kanker (C.G.) may kindly be called from the Police Station Kanker, District Uttar Bastar Kanker (C.G.). 2. It is respectfully prayed that the impugned FIR No.375 of 2024 registered at P.S. Kanker, District Uttar Bastar Kanker (C.G.), the impugned charge-sheet No. 350 of 2024 filed for offences under Sections 85, 3(5) 3 of the BNS 2023, and the resultant criminal proceedings that are going on before the Court of learned Chief Judicial Magistrate, Uttar Bastar Kanker (C.G.) [State of Chhattisgarh vs. Atish Meshram & 2 Others, Criminal Case No. 6597 of 2024] may kindly be quashed/set aside, because they are bad, illegal, and untenable in the eyes of law [See, Annexure P/1 (Colly.)]. 3. It is respectfully prayed that the any other criminal proceedings, if existing, in connection with the impugned charge-sheet No. 350 of 2024 filed for offences under Sections 85, 3(5) of the BNS 2023 arising out of the impugned FIR No. 375 of 2024 registered at the P.S. Kanker, District Uttar Bastar Kanker (C.G.), may kindly be quashed/set aside, because it is/are bad, illegal, and untenable in the eyes of law. 4. It is respectfully prayed that this Hon’ble Court may further be pleased to pass any other order in favour of the present petitioners, as this Hon’ble Court deems fit 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 petitioners and the cognizance of the offence has been taken by the learned trial Court and the petitioners has prayed for quashing of 4 the FIR, charge-sheet and the proceedings pending before the trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioners have not prayed for quashing of order taking cognizance of the offences by the trial Court which goes to show that the prayer drafted by learned counsel for the petitioners is in a very casual manner, to which learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with a liberty to file afresh petition with proper prayer. 4. Learned State counsel has no objection. 5. In view of the submission made by the learned counsel for the petitioners, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 1,000/- as cost by the petitioners in the Registry of this Court within a period of one week from today and the said amount shall be transmitted to the Government Special School for Visual & Hearing Impaired, Bilaspur. 6. Certified copy of the FIR, charge-sheet along with the entire order- sheet may be returned back to the petitioners after retaining a photocopy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan