1 2025:CGHC:8792-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 650 of 2025 1. Tushar Ramteke S/o Tarachand Ramteke Aged About 35 Years R/o Qr. No. D- 37 Kanchan Bag Suncity Rajnandgaon Police Station City Kotwali Tahsil Rajnandgaon District - Rajnandgaon (C.G.) (Accused Persons) 2. Nilima Ramteke W/o Tarachand Ramteke Aged About 55 Years R/o Qr. No. D- 37 Kanchan Bag Suncity Rajnandgaon Police Station City Kotwali Tahsil Rajnandgaon District - Rajnandgaon (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through The Station House OfÏcer Police Station Devari District- Balod (C.G.) 2. Smt. Priya Borkar W/o Tushar Ramteke Aged About 29 Years R/o Qr. No. D- 37 Kanchan Bag Suncity Rajnandgaon Police Station City Kotwali Tahsil Rajnandgaon District - Rajnandgaon (C.G.) At Present R/o Village Tatenga Police Station Devari District- Bemetara (C.G.) ...Respondent(s) For Petitioners : Mr. Paras Mani Shriwas, Advocate. For Respondent/State : Mr. Hariom Rai, Panel Lawyer. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.02.20 17:38:50 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 20.02.2025 1. Heard Mr. Paras Mani Shriwas, learned counsel for the petitioners. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No. 1/State. 2. The present petition has been filed by the petitioners with the following prayer: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition and may kindly be quash/set-aside the charge-sheet dated 24.12.2024 as well as entire Criminal Proceedings of Criminal Case No. 2184 of 2024 pending before the Judicial Magistrate First Class Daundilohara, District Balod (C.G.) whereas case is pending under Section 498-A/34 of the Indian Penal Code, 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 the 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 3 have not prayed for quashing of the FIR and 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. 2,000/- 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 order-sheet dated 24.12.2024, FIR and charge- 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