1 CGHC010253662026 2026:CGHC:28081-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1746 of 2026 Moharram Ali @ Sohel Ali S/o Shri Shabir Ali Aged About 33 Years R/o Rajadevri, Ward No. 4, P.S. Rajadevri, Distt. Balodabazar Bhatapara, Chhattisgarh, At Present R/o Sector 27 House No. P 3 A/576, Nawa Raipur, P.S. Rakhi, Distt. Raipur, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through SHO P.S. Rakhi, Distt. Raipur, Chhattisgarh. 2 - Kamal Tiwari S/o Late Dhannu Tiwari Aged About 45 Years R/o Village Balgi Saliha Bhatha And Mission Fatak (Gate) Champa, Distt. Janjgir Champa, Chhattisgarh. ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Dheerendra Pandey, Advocate For Respondent No.1 /State : Mr. Sumit Singh, Dy. Adv. General ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 08.07.2026 1. Heard Mr. Dheerendra Pandey, learned counsel for the petitioner as well as Mr. Sumit Singh, learned Dy. Advocate General, 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, 2023 with the following prayers :- ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 “(i) It is therefore prayed that this Hon'ble court may be pleased to allow the application by making an order to Quash the Charge Sheet No. 132/2025 dated 07.11.2025 and cognizance order of the impugned chargesheet dated 10.12.2025 and all consequential proceedings in FIR crime no. 196/2024 dated 22.05.2024, pending before the Judicial Magistrate First Class, Raipur District Raipur (C.G.), registered as Criminal Case No. 47362/2025 349 354 offence u/s 294, 506, 323, 342, 392, 354, 34 of IPC. (ii) The Hon'ble Court may kindly be pleased to call for the entire records pertaining to the impugned Criminal Case No. 47362/2025 offence u/s 294, 506, 323, 342, 392, 354, 34 of IPC, P.S. Rakhi, District - Raipur (C.G), titled as 'State of Chhattisgarh Vs. Moharram Ali & and others' currently pending before the Court of Judicial Magistrate first class, Raipur District Raipura-Bhatapa (C.G). (iii) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case along with cost of the petition be awarded in favour of the applicant." 3. From perusal of the prayers and pleadings made in the instant petition, it transpires that though the petitioner has prayed for quashing of the FIR, charge-sheet as well but has not challenged the order framing charge, which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner and further wasted the precious time of the Court, as such, in the opinion of this Court, the prayer is defective one. 3 4. 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 before the Registry of this Court and submit a receipt of the same at the time of filing of the fresh petition, if any, and the amount so deposited, if any, shall be transmitted to the Government School for Visual and Hearing Impaired, Tifra, District – Bilaspur (C.G.). 5. Certified copy of the documents annexed with this petition shall be returned to the counsel for the petitioners after retaining the photocopies of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra