1 CGHC010304892026 2026:CGHC:34709-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 453 of 2026 Upendra @ Pintu Ojha S/o Shri Sripati Narayan Ojha Aged About 48 Years Through The P O A Holder Abhishek Kumar Ojha, S/o Upendra Ojha, R/o Road No. 26, Quarter No. 17/b, Sector 05, Bhilai Nagar, District Durg Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Department of Home Affairs, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District Raipur Chhattisgarh 2. The Superintendent of Police District Durg Chhattisgarh 3. Station House Officer (SHO) Police Station - Purani Bhilai, District Durg Chhattisgarh 4. Rajesh Chamoshirkar S/o Shri C S Chamoshirkar Aged About 53 Years General Manager, Blast Furnace Department, Bhilai Steel Plant, Bhilai, District Durg Chhattisgarh ...Respondent(s) (Cause-title taken from Case Information System) BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2026.08.07 17:41:34 +0530 2 For Petitioner : Mr. B.P. Sharma and Mr. Sameer Oraon, Advocates. For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 07 .08.2026 1. Heard Mr. B.P. Sharma and Mr. Sameer Oraon, learned counsel for the petitioner. Also heard Mr. Jitendra Shrivastava, learned Government Advocate, appearing for the State/respondents No. 1 to 3. 2. The present petition has been filed by the petitioner with the following prayers: “a. A writ and/or an order in the nature of mandamus do issue calling for records pertaining to case of petitioner from the Court concerned for perusal of this Hon’ble Court, if deem fit. b. A writ and/or an order in the nature of appropriate writ do issue quashing/set aside the FIR No. 277 of 2026 dated 27.05.2026 registered at Police Station Purani Bhilai, Durg (C.G.) under Section 3(5), 303(2) and 317(4) Bhartiya Nyay Sanhita 2023 with consequential proceedings leading to the arrest of the petitioner being contrary to the law of the land being illegal, arbitrary, not in consonance with the provisions 3 of BNSS and in utter violation of petitioners’ fundamental, constitutional rights and also amounting to abuse of process of court and abuse of process of law and liable to be nipped at the bud in the peculiar factual matrix of the case an in the interest of justice. c. Cost of the proceedings. d. Any other writs or directions that may be deemed fit and just in the facts & circumstances of case.” 3. During the course of arguments, learned counsel appearing for the petitioner, after arguing the matter at length, seeks permission to withdraw the present petition with liberty to avail the statutory remedy of filing an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He submits that the petitioner's earlier application for regular bail had been rejected by the learned trial Court vide order dated 22.06.2026. He further submits that, in connection with the same crime, the co-accused persons have been granted liberty to avail the remedy of anticipatory bail in CRMP No. 1911 of 2026 vide order dated 27.07.2026 and CRMP No. 2032 of 2026 vide order dated 03.08.2026. On the aforesaid grounds, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to avail the appropriate statutory remedy in accordance with law. 4. Learned State counsel submits that he has no objection to the prayer made by learned counsel for the petitioner. 5. Considering the submissions made by learned counsel for the 4 petitioner, the prayer for withdrawal is allowed. 6. Accordingly, the present petition stands dismissed as withdrawn. It is, however, made clear that no liberty is granted to the petitioner to file a fresh petition seeking quashing of the aforesaid FIR on the same cause of action. However, the petitioner shall be at liberty to avail the statutory remedy available under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by filing an application for regular bail, in accordance with law. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan