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2025 Supreme(Online)(Chh) 10421

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Anil Kumar Jaiswal – Appellant
Versus
State Of Chhattisgarh – Respondent
WPCR No. 271 of 2025



Advocates:
For Petitioners: Ms. Shreya Pawan Daga
For the Respondents:Mr. S. S. Baghel, Dy. Govt. Advocate

Withdrawal of petition permissible if alternative legal recourse is sought after charge sheet filing.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita (BNSS) - Sections 115(2), 296, 351(3), 191(2), 191(3), 324(4), 326(f) - Quashing of FIR - Petitioners sought to quash FIR regarding various offenses at Police Station Pali - Counsel for petitioners withdrew petition, seeking liberty to pursue other legal remedies. (Para 1)

Facts of the case:
The petitioners filed a writ petition to quash an FIR registered against them on various charges. The petition was based on the argument that the petitioners wish to take appropriate recourse in law after a charge sheet was filed.

Findings of Court:
The court acknowledged the withdrawal of the petition and granted liberty to the petitioners to seek appropriate legal recourse.

Issues: The core issue revolved around the petitioners' desire to withdraw the petition for further legal options following the filing of a charge sheet.

Ratio Decidendi: The court ruled that the withdrawal of the petition is permissible allowing petitioners to pursue legal remedies at their disposal.

Result: WPCR dismissed as withdrawn, liberty granted.

Table of Content
1. intent to pursue further legal recourse. (Para 2)
2. court order issued regarding withdrawal. (Para 3)

Per Ramesh Sinha , Chief Justice

08.09.2025

1. The present WPCR has been filed by the petitioners with the following prayer :-

“10.1) The Hon'ble Court may kindly be pleased to issue the appropriate writ/writs, order/orders, direction/ directions quashing the FIR under Crime No. 127/2025 at Police Station Pali, District Korba, whereby the police have registered FIR under Sections 115(2), 296, 351(3), 191(2), 191(3), 324(4) and 326(f) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on the complaint of Prabhat Singh Thakur against the present petitioners.

10.2) Pass appropriate orders, in favour of the petitioners, so far as the cost of the litigation and other miscellaneous expenses are concerned.

10.3) Grant any such other relief in favour of petitioners as this Hon'ble Court may deem fit in the interest of Justice.”

2. At the very outset, learned counsel for the petitioners submits that she wants to withdraw this petition with liberty to take appropriate recourse to law as the charge sheet has been filed before the learned trial Court.

3. Accordingly, the instant WPCR is dismissed as withdrawn with the liberty as stated supra.

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