1 2025:CGHC:33171-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2227 of 2025 1. Ajay Singh Bhamra S/o Late Harishankar Bhamra Aged About 50 Years Occupation - Advocate, R/o Bhatthi Road Kedarpur, Ambikpur, Distt. Surguja C.G. 2. Ruma Biswas D/o Late Jagdish Biswas Aged About 30 Years Occupation- Advocate, R/o Fundurdihari, Banaras Road Ambikpur, Distt. Surguja C.G. ... Petitioner(s) versus 1. State of Chhattisgarh Through SHO, Police Station- Kotwali Ambikpur, Distt. Surguja C.G. 2. Mohammad Nasim Mansuri S/o Late Tej Mohammad Aged About 56 Years R/o Kharsiya Naka, Gousiya Nagar, Police Station- Ambikpur, Distt. Surguja C.G. ...Respondent(s) For Petitioners : Mr. Sanjay Pathak, Advocate. For Respondent/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 16.07.2025 1. Heard Mr. Sanjay Pathak, learned counsel for the petitioners. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondent No. 1/State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.07.16 17:44:43 +0530 2 2. The present petition has been filed by the petitioners with the following prayers: “I. That, the Hon’ble Court may kindly be pleased to allow the instant petition under Section 528 of the BNSS, 2023 filed by the petitioners. II. That, the Hon’ble Court may kindly be pleased to quash the FIR bearing Crime No. 516 of 2024 registered on dated 29.07.2024 at Police Station Kotwali Ambikapur, District Surguja (C.G.) for the offence under Sections 296, 351(3), 115(2) & 3(5) of the BNS. III. That, the Hon’ble Court may kindly be pleased to quash entire charge-sheet filed on dated 20.11.2024 before the learned Judicial Magistrate First Class, Ambikapur, District Surguja (C.G.) (Annexure P/1) under Sections 296, 351(3), 115(2) & 3(5) of the BNS. IV. That, the Hon’ble Court may kindly be pleased to quash the impugned order dated 20.11.2024 (Annexure P/2) whereby the learned Judicial Magistrate First Class, Ambikapur, District Surguja (C.G.) has taken cognizance of the impugned charge-sheet and registered the impugned criminal proceeding as Criminal Case No. 4872 of 2024 against the petitioners.” 3. The brief facts of the case are that the complainant, M.N. Mansuri, lodged a written report on 29.07.2024 before the Police Station Kotwali, Ambikapur, Distt. Surguja (C.G.) with averment that, on the date of incident i.e. on 29.07.2024, at about 11:30 a.m., the accused persons have assaulted him by hand and fist and also threatened to kill him due to dispute. Thereafter, the concerned Police Station has registered the FIR for offences under Sections 296, 351(3), 115(2) & 3(5) of BNS and after 3 investigation the charge-sheet has been filed for the offences under Sections 296, 351(3), 115(2) & 3(5) of BNS against the petitioners, before the learned JMFC, Ambikapur, Distt. Surguja (C.G.) and Criminal Case No. 4872 of 2024 have been instituted against the petitioners. 4. Learned counsel for the petitioners submits that this is second round of litigation petition, the earlier petition filed by the petitioners was dismissed as withdrawn with liberty to file afresh petition with proper prayer vide order dated 03.07.2025 in CRMP No. 2055 of 2025. He further submits that the petitioners and complainant are Advocates, who are practicing in the same Court i.e. District and Sessions Court, Ambikapur, District Surguja (C.G.) and both have lodged counter FIR. 5. It is further contended by the learned counsel for the petitioners that the complainant had abused the petitioner No. 2 by using filthy language and also slapped her and threatened to kill her, therefore, the petitioner No. 1 and his colleague have intervene for stopping beating to the petitioner No. 2 by complainant, hence, the petitioner No. 2 has also lodged FIR against the complainant in which the charge-sheet has been filed which is pending in Criminal Case No. 4602 of 2024 before learned JMFC, Ambikapur, District Surguja (C.G.). He also contended that after perusal of the entire charge-sheet no prima facie case for the offences under Sections 296, 351(3), 115(2) & 3(5) of the BNS has made out against the present petitioners. 6. Learned counsel for the petitioners further stated that the petitioners have not at all abused and beat the complainant infact, the complainant had abused the petitioner No. 2 and beaten her by hand and fist and also 4 threatened to kill her and the petitioner No. 1 has only trying to resolve the fighting on the date of incident, but the complainant not stop abusing the petitioner No. 2, therefore, she has lodged FIR against the complainant, but the prosecution without find any legal material and without found ingredients of sections registered the alleged offences against the petitioners. Therefore, the petitioners most humbly and respectfully begs to prefers this petition before this Court for seeking appropriate relief and necessary direction of this Court and quashing of FIR, charge-sheet as well as entire criminal proceeding against the petitioners. 7. On the other hand, learned State counsel opposes the prayer made by the learned counsel for the petitioners. 8. We have perused the prayers and pleadings made in the petition along with the annexures annexed in this petition. 9. Considering the fact that the complainant/respondent No. 2 has made complaint and lodged FIR against the petitioners and similarly, the petitioners have also lodged FIR, in which charge-sheet had already been submitted before the competent Court and criminal proceedings is pending and looking to the version and counter-version of the parties with regard to the incident that both sides have received injuries, we are not inclined to interfere in the matter and accordingly, the present petition is dismissed leaving it open to the parties to co-operate with the trial, which may be concluded expeditiously. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan