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2025 Supreme(Online)(Chh) 6580
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Hon'ble Shri Ramesh Sinha, CJ, Hon'ble Shri Bibhu Datta Guru, J
Durgesh Ratre – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP/1818/2025
For the Appellants/Petitioners: Mr. Goutam Khetrapal
For the Respondents: Mr. Hariom Rai
Petitioner may withdraw a petition and refile if initial prayers are found defective.
Headnote:
This case concerns a petition for quashing an FIR and subsequent legal proceedings under specific sections of the Bhartiya Nyay Sanhita, 2023. The petitioner fails to effectively request the quashing of cognizance taken by the trial court. The court grants leave to withdraw and allows the petitioner to refile with correct prayers. The petition is dismissed with costs to be deposited.
Order on Board
Per Ramesh Sinha , Chief Justice
13.06.2025
1. Heard Mr. Goutam Khetrapal, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No. 1/State.
2. The present petition has been filed by the petitioner with the following prayers:
“1. Quash impugned FIR dated 01.04.2025 bearing Crime No. 84 of 2025 registered at Police Station, Fingeshwar, District Gariyaband (C.G.) for the offence under Section 69 of Bhartiya Nyay Sanhita, 2023 against the petitioner.
2. Quash impugned Final Report No. 108of 2025 dated 15.05.2025 filed by Police Station, Fingeshwar, District Gariyaband (C.G.) before the learned Judicial Magistrate First Class, Rajim, District Gariyaband for the offence under Sections 69 & 88 of Bhartiya Nyay Sanhita, 2023 against the petitioner.
3. Quash the entire criminal proceedings pending in Criminal Case No. 860 of 2025 before the learned Judicial Magistrate First Class, Rajim, District Gariyaband for the offence under Sections 69 & 88 of Bhartiya Nyay Sanhita, 2023 against the petitioner.
4. Grant any other relief(s) which this Hon’ble Court may deem fit in favour of petitioner may also be granted.”
3. From perusal of the prayer and pleadings made in the present petition, it transpires that admittedly, charge-sheet has been submitted against the petitioner and the cognizance of the offence has been taken by the learned trial Court and the petitioner has prayed for quashing of the FIR, charge-sheet and the proceedings pending before the trial Court, but, in the opinion of this Court, the prayer is defective one as the petitioner has not prayed for quashing of order taking cognizance of the offences by the trial Court which goes to show that the prayer drafted by learned counsel for the petitioner is in a very casual manner, to which learned counsel for the petitioner 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 petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for subject to depositing a sum of Rs. 3,000/- 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 Home for Mentally Underdeveloped Children, Mana Camp, District Raipur.
6. Certified copy of the FIR, charge-sheet along and other documents may be returned back to the petitioner after retaining a photocopy of the same.
