1 2025:CGHC:8542-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 619 of 2025 1 - Mo. Zuber Memon S/o Mo. Sadik Rizwi Aged About 40 Years R/o House No.- 87, Ward No. 12, Mazzid Gali Keshkal, P.S.- Keshkal, Distt.- Kondagaon (C.G.) 2 - Mohammad Sadik Rizvi S/o Abdul Gaffar Aged About 60 Years R/o House No.- 87, Ward No. 12, Mazzid Gali Keshkal, P.S.- Keshkal, Distt.- Kondagaon (C.G.) 3 - Zabin Bano W/o Mohammad Sadik Rizwi Aged About 55 Years R/o House No.- 87, Ward No. 12, Mazzid Gali Keshkal, P.S.- Keshkal, Distt.- Kondagaon (C.G.) 4 - Shirin Hingora W/o Irfan Hingora Aged About 41 Years R/o- Near Bus Stand, Umarkot, Navrangpur, P.S.- Umarkot, Distt.- Navtangpur (Orisha) 5 - Nikhat Fatima W/o Mo. Farukh Aged About 34 Years R/o Ward No.- 08, Takiya Para, Durg, P.S. - Durg, Distt.- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Police Station- Mahila Thana, Raipur, Dist.- Raipur (C.G.) 2 - Shirin Bano W/o Mo. Zuber Menon Aged About 29 Years R/o- House Of Abdul Gaffar, Near Daimond Backery, Sanjay Nagar, Raipur, P.S.- Raipur, Tikrapara, Distt.- Raipur (C.G.) ... Respondent(s) ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Akhtar Hussain, Advocate For Respondent /State : Mr. Hariom Rai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.19 17:08:14 +0530 2 19.02.2025 1 Heard Mr. Akhtar Hussain, learned counsel for the petitioner as well as Mr. Hariom Rai, learned Panel Lawyer, appearing for the State/respondent No.1. 2 The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita with the following prayers :- “It is prayed, therefore, that the Hon’ble Court may kindly be pleased to allow this petition, quash the FIR as well entire charge-sheet dated 06.08.2024 filed by the Police Station – Mahila Thana, Raipur in Crime No.- 34/2024 Under Section 498A, 506, 34 of IPC, and may also quash the proceeding of the case, pending before the Court of J.M.F.C. Raipur as Criminal Case No.- 27355/24, and may set free the petitioners from the aforesaid allegation, in the interest of justice.” 3 From perusal of the prayers and pleadings made in the instant petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offences has been taken by the competent Court and the petitioner has prayed for quashing of the FIR & all the subsequent criminal proceedings, but, in the opinion of this Court, the prayer is defective one as the petitioner has not prayed for quashing of the order taking cognizance which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner. 3 4 Learned counsel for the petitioners prays for withdrawal of the present petition with liberty to file a duly constituted petition with appropriate prayers. 5 Accordingly, the instant petition is dismissed on this ground alone with liberty to file a duly constituted petition with appropriate prayers, 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 Home for Mentally Underdeveloped Children, Mana Camp, Raipur. 6 Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioner after retaining photocopies of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra