1 2026:CGHC:17-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 648 of 2025 Swati W/o Amit Soni D/o Ramdas Gaurkhede Aged About 30 Years R/o C/o Santoash Soni, Rishabh Jewelers, Kampti, Line P.S. Kotwali, Rajnandgaon (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through- P.S. Kotwali, Rajnandgaon, District- Rajnandgaon (C.G.) 2. Rajendra S/o Devrao Uchke Aged About 50 Years Occupation Govt- Service, R/o Near N.M.C. Water Tank Killa, Road Mahal. P.S. Kotwali, Nagar, (M.H.) ...Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Arvind Shrivastava, Advocate. For Respondent/State : Mr. Priyank Rathi, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 02.01.2026 1. Heard Mr. Arvind Shrivastava, learned counsel for the petitioner. Also heard Mr. Priyank Rathi, learned Government Advocate, appearing for the State/respondent No. 1. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.01.02 16:49:00 +0530 2 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 Call for the record and proceedings of the Reg. Cri. Case no. 3815 of 2023 (State of C.G. vs. Rajendra Uchke) pending in the Court of Ld. Judicial Magistrate First Class Rajnandgaon (C.G.). 10.2 to quash and set aside the impugned order dated 14/11/2025 (Annexure P/1) passed by the Ld. Principal District and Sessions Judge, Rajnandgaon (C.G.), in Criminal Revision Application No. 55/2025 (Swati Soni Vs State of CG & 1) and in consequence kindly also set aside the order dated 30/08/2025, passed in Reg. Cri. Case No. 3815/2023 (State of Cg- Vs- Rajendra Uchke) by Ld. II Civil Judge, Jr. Division Court & JMFC Court, Rajnandgaon (C.G.), in the interest of justice. and/or, 10.3 Directions be kindly issued for further investigation in regard to seizure of the Mobile Phone number 8379916205 of the Victim, which is presently seized in Crime Number 284/2022 of Police Station Sadar, Nagpur, (M.H.). pending before learned JMFC Nagpur in RCC No. 4509/2022, and getting it examined by FSL to collect the subjected material, if available in it, and submitting of the report in charge sheet of Crime Number 92/2022 police Station- Kotwali, Rajnandgaon (C.G.), pending in court of learned JMFC Rajnandgaon (C.G.). 10.4 and/or any other relief as the Hon'ble Court may deem fit in the interest of justice, equity and good conscious. ” 3. Learned State counsel submits that the present petition has been 3 filed under Article 226 of the Constitution of India, whereas the grievance raised by the petitioner is required to be agitated by way of a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is, therefore, contended that the present petition is not maintainable. 4. Upon such objection being raised, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file an appropriate petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Considering the submissions made by learned counsel for the parties, the prayer is allowed. Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner to file an appropriate petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in accordance with law. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan