1 2025:CGHC:23010-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 397 of 2022 1 - Rajkumar Sahu S/o Hariram Sahu Aged About 36 Years R/o Village Hardas, Police Station And District Bemetara, Chhattisgarh. 2 - Hemchand Sahu S/o Shyamlal Sahu Aged About 56 Years R/o Village Hardas, Police Station And District Bemetara, Chhattisgarh. 3 - Narayan Nishad S/o Samaru Nishad Aged About 36 Years R/o Village Hardas, Police Station And District Bemetara, Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through In-Charge Police Officer, Police Station Bemetara, District Bemetara, Chhattisgarh. 2 - The Sub Divisional Magistrate Bemetara, District Bemetara, Chhattisgarh. 3 - Lekh Singh Verma S/o Chinta Ram Verma Aged About 24 Years R/o Village Kandai, Police Station And Tehsil Bemetara, District Bemetara, Chhattisgarh. (Complainant) ... Respondents AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.12 10:30:38 +0530 2 For Petitioners : Mr. Bharat Rajput, Advocate. For Respondent/State : Mr. S.S. Baghel, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 11/06/2025 1. By the present petition, the petitioners have prayed for following reliefs:- “It is therefore, prayed that this Hon’ble Court may kindly be pleased to allow this petition and set-aside/quashed the criminal Case No.2156/2021 pending before the learned Chief Judicial Magistrate, which arising the impugned FIR dated 12/12/2020 for offences registered the case u/s 342, 294 & 506/34 of IPC and also submitted charge sheet, in the interest of justice.” 2. From the office report, it appears that the respondent No.3 has already been served, however, no representation is made on his behalf. 3. Facts of the case, in brief, is that the respondent No. 3 is a salesman of Govt. Fair Price Shop, on 12.12.2020 the respondent 3 No. 3 was working with Khileshwar Verma and Parmeshwar Manikpuri for the distribution of kerosene at Village Hardas at 10:00 a.m. Then, the villagers along with the petitioners came to Govt. Fair Price Shop at about 11:00 to 12:00 a.m. and made allegation of mixing oil with kerosene and thereafter used filthy languages to the the petitioners and also stopped the workers of Society to come out of from Shop. 4. Learned counsel for the petitioner submits that initially for an incident reported on 12/12/2020, a proceeding was drawn under Section 107 and 116(3) of the Cr.P.C. and after six months, the case came to an end. Subsequently, on the same incident the petitioners are being prosecuted under Sections 342, 294, 506 and 34 IPC. He further submits that reading of both the FIR and first istgasha which would show it is verbatim, therefore, prima facie, it would show that there is no offence is made out, however, the petitioners are being prosecuted. 5. On the other hand, learned State counsel oppose the submission made by learned counsel for the petitioner and submits that after recording the statement of complainant and other witnesses, the police has filed charge sheet against the petitioners. 6. We have heard learned counsel for the parties and perused the material available on record. 7. From bare perusal of the pleadings and documents annexed with the petition, it is apparent that previously on the basis of same 4 report dated 12/12/2020 a proceeding was drawn under Section 107 and 116(3) of the Cr.P.C. which came to be an end after six months and on the basis of same report, the petitioners are being prosecuted under Sections 342, 294, 506 and 34 IPC, therefore, this Court, in the interest of justice, deems it appropriate to quash the FIR No.0773/2020 dated 12/12/2020 and subsequent emerged criminal proceeding initiated against the petitioners. 8. Accordingly, the present CRMP is allowed. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ Amardeep