1 CGHC010334642026 2026:CGHC:39300-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2352 of 2026 Prahlad Rathour S/o Bodhan Singh Rathour, Aged About 42 Years R/o Lalpur, Police Station - Gourela, District Gourela-Pendra - Marwahi (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through - The Station House Officer, Police Station - Gourela, District-Gourela-Pendra - Marwahi (C.G.) 2 - Ramgopal Kediya S/o Late Shri Ramniranjan Kediya, Aged About 70 Years R/o Khairmai Chowk, Police Station - Gourela, District - Gourela - Pendra - Marwahi (C.G.) ... Respondents ---------------------------------------------------------------------------------------------------- For Petitioner : Mr. Rishi Rahul Soni, Advocate For Respondent No.1/State : Mr. Sumit Singh, Deputy Advocate General ---------------------------------------------------------------------------------------------------- Hon'ble Shri Krushna Ram Mohapatra , Chief Justice Hon'ble Shri Sanjay Kumar Jaiswal , Judge Order on Board Per Krushna Ram Mohapatra , Chief Justice 08.09.2026 1. Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner and Mr. Sumit Singh, learned Deputy Advocate General, appearing for the State/ respondent No.1. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 2. The petitioner in this Criminal Miscellaneous Petition prays for the following reliefs :- “(I) The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case for it's kind perusal; (II) The Hon'ble court may kindly be pleased to allow this petition; (III) The Hon'ble court may kindly be pleased to quash/set-aside the First Information Report bearing Crime No. 121/2025 dated 16.05.2025 registered by Police Station-Gourela, District- Gourela-Pendra- Marwahi (C.G.) against the petitioner (the accused) for the offence punishable under Section 420 of the Indian Penal Code 1860; (IV) The Hon'ble court may kindly be pleased to quash/set-aside the Final Report No. 123/2025 dated 11.07.2025 (arising out of Crime No. 121/2025 dated 16.05.2025 registered by Police Station- Gourela for the offence punishable under Section 420 of the Indian Penal Code 1860) filed/submitted by Police Station Gourela, District- Gourela-Pendra-Marwahi (C.G.) before the Learned Judicial Magistrate 1st Class Pendraroad, District Gourela-Pendra-Marwahi (C.G.) against the petitioner (the accused) for the offence punishable under Section 420 of the Indian Penal Code 1860; (V) The Hon'ble court may kindly be pleased to quash/set-aside the order dated 15.07.2025 passed by the Learned Judicial Magistrate 1 Class Pendraroad (C.G.) in Criminal Case No. 1555/2025 (arising out of Crime No. 121/2025 dated 16.05.2025 registered by 3 Police Station-Gourela for the offence punishable under Section 420 of the Indian Penal Code 1860) whereby the case has been directed to be recorded in criminal register and in substance cognizance has been taken against the petitioner (the accused) for the offence punishable under Section 420 of the Indian Penal Code 1860; (VI) The Hon'ble court may kindly be pleased to quash/set-aside the order dated 29.07.2025 passed by the Learned Judicial Magistrate 1st Class Pendraroad (C.G.) in Criminal Case No. 1555/2025 (arising out of Crime No. 121/2025 dated 16.05.2025 registered by Police Station-Gourela for the offence punishable under Section 420 of the Indian Penal Code 1860) whereby the charge under Section 420 of the Indian Penal Code 1860 has been framed against the petitioner (the accused); (VII) The Hon'ble court may kindly be pleased to quash/set-aside the entire criminal proceedings of Criminal Case No. 1555/2025 (arising out of Crime No. 121/2025 dated 16.05.2025 registered by Police Station- Gourela for the offence punishable under Section 420 of the Indian Penal Code 1860) pending before the Learned Judicial Magistrate 1st Class Pendraroad (C.G.) wherein the petitioner is being prosecuted under section 420 of the Indian Penal Code 1860; (VIII) Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner, in the interest of justice.” 3. In course of hearing, Mr. Soni, learned counsel for the petitioner fairly submits that the trial has already commenced in the case. 4 4. Mr. Sumit Singh, learned Deputy Advocate General submits that out of 11 prosecution witnesses, 04 have already been examined. 5. In view of the above, Mr. Soni, learned counsel for the petitioner prays for withdrawal of the CRMP submitting that he will raise all his contentions admissible under law before the trial Court. 6. Mr. Singh, learned Deputy Advocate General does not have any objection to such submission. 7. In view of the above, the CRMP is disposed of with an observation that the petitioner, if so advised, may raise all his contentions legally permissible in course of the trial. 8. It is expected that the parties shall co-operate with learned trial Court for an effective trial. Sd/- Sd/- (Sanjay Kumar Jaiswal) (Krushna Ram Mohapatra) Judge Chief Justice Chandra