1 2025:CGHC:37595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 935 of 2025 • Fayazuddin, S/o Salamuddin, Aged About 32 Years, R/o House No. 329/330, First Floor, Saman Bazaar, Bhogal, South Delhi, Permanent Address Kabul, Chilistun, Agalsamas, Afganistan. ... Applicant versus 1. State Of Chhattisgarh, Through Station House Officer, Police Station Ratanpur, District Bilaspur, Chhattisgarh. 2. Sunil Kori, S/o Manharan Lal Kori, Aged About 37 Years, Posted As Constable No. 460, Police Station Ratanpur, District Bilaspur, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Advocate along with Mr. Shikhar Bakhtiyar, Advocate. For State/Respondent No.1 : Mr. Akhilesh Kumar, G.A. Hon’ble Shri Justice Sanjay Kumar Jaiswal Order on Board 31/07/2025 1. The present criminal revision has been filed by the applicant being aggrieved by the order dated 20.05.2025 passed by the learned 5th Upper Session Judge, Bilaspur (C.G.) in Session Case No.58/2025, whereby the learned Trial Court has framed charges against the applicant under Sections 109 (1) read with Section 3 (5), 221, 132, 324 (4) of BNS, 2023. 2. As the case of prosecution, the applicant and other co-accused persons were driving a silver Honda City car bearing Registration No.DL-9-CU-4208 at high speed in a suspicious manner during midnight of 15.11.2024 – 16.11.2024. 2 The police had received prior information about the said vehicle’s movement and had placed a barrier at Shanichari Chowk for checking. It is alleged that when the police personnel signaled the applicant and the co-accused persons to stop vehicle, the applicant instead of stopping speed up the vehicle towards the officers, breaking the barrier and allegedly attempting to run the car over them, before fleeing the scene. Subsequently, the vehicle was intercepted in Koni Police Station and the applicant was arrested. Based on the allegations in the FIR bearing Crime No.730/2024, registered at Police Station Ratanpur, District Bilaspur, Chhattisgarh, the applicants were booked under Sections 109, 221, 132 and 324(4) of the BNS, 2023. The applicants were taken into the custody and their case was subsequently investigated by the police authorities. After the investigation, the charge sheet was filed before the Magistrate concerned and vide order impugned dated 20.05.2025, the learned Trial Court has framed charges against the applicant and other co-accused persons, against which the present revision has been filed by the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has wrongly been implicated in the crime in question. Since the applicant is a Afgani resident, he cannot understand the hindi language, whereas memorandum statement of the applicant was recorded in hindi language. The applicant had no reason to evade the police checkpoint, as no illegal or objectionable items were recovered from him. The allegation against the applicant to assault or deter police officers from performing their duties is false and has no basis. The mere allegation that the applicant’s vehicle did not stop does not amount to an attempt to commit murder of the police officials and even no bodily harm was inflicted upon any police officer. The applicant was only passenger in the said vehicle and was not the driver of the vehicle. He further submits that the loss panchnama only records minor scratches on the police barricades and the applicant’s vehicle also did not 3 sustain any damage. The applicant was also granted bail by this Court vide order dated 20.12.2024 in MCRC No.8443/2024, but the learned Trial Court has not considered the above said aspects of the matter and has framed aforesaid charges against the applicant. Therefore, the instant revision may kindly be allowed. 4. Learned State counsel submits that the applicant and other co-accused persons have committed a serious offence and broke the barrier by their car and attempted to run the car over the police officials. Two written complaints were filed against the applicant. After investigation, the charge sheet was filed against the applicant and the charges have already been framed against the accused persons, as such at this stage the prayer of the applicant for quashment of the aforesaid charges cannot be entertained, as the allegation against the applicant is subject to trial. 5. Heard learned counsel for the applicant and perused the record carefully. 6. In the instant case, the allegation against the applicant is that the applicant along with other co-accused persons were driving a car in a suspicious manner during the midnight of 15.11.2024 and 16.11.2024 and when the police tried to stop them by placing a barrier at Sanichari Chowk by signaling them to stop but instead of stopping they broke the barrier and allegedly attempted to run the car over them, as such it cannot be said that no cognizable offence is made out against the applicant and the same is subject to trial. The two written complaints have been filed against the applicant and the charge sheet has also been filed. The applicant had also filed a petition bearing CRMP No.1308/2025 before this Court for quashment of the FIR, but the said CRMP has also been dismissed by the Division Bench of this Court vide order dated 16.04.2025. 7. Thus, considering the facts and circumstances of the case, particularly the 4 fact that there is no invalidity or irregularity found in order of framing of charge by the Trial Court and as such the allegation against the applicant is subject to trial. Therefore, I am not inclined to entertain this revision at this stage. 8. Consequently, the criminal revision is dismissed at the admission stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA