Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:42895-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2650 of 2025 Dushyant Dansena S/o Ramdayal Dansena Aged About 48 Years R/o Surya Vihar Colony, District - Raigarh Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Police Station Dabhra, District Shakti Chhattisgarh 2 - Shankar Lal Sahu Assistant Sub Inspector, Police Station Dabhra, District - Shakti Chhattisgarh
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Mr. Pratyaksha Sharma, 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
25/08/2025
1. The instant CRMP has been filed under Section 528 of BNSS with the following prayer:-
“It is prayed that the Hon'ble court may kindly be pleased to call the record relating to the petitioner's case JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.25 17:58:33 +0530
2 and quash the FIR no 0149/2025 dated 11/05/2025 registered by the P/S Dabhra, District- Shakti (C.G) regarding the offence punishable u/s 192 of the BNS Act 2023 against the petitioner, in the interest of justice.”
2. Facts of the case in brief is that on 25/04/2025 villagers of Odekera and other corresponding villages were doing a strike in respect of the compensation amount for acquisition made for the construction of road by the A.D.B and the villagers were having a conversation with the officers of A.D.B and the Executive Magistrate in regard to the compensation amount. It is alleged that during the same the petitioner tried to provoke the peaceful protest done by the villagers, in order to cause obstruction to the public peace and tranquility by saying that they would not take a step back and was also instigating them to surround the police station and police headquarters to get their demands fulfilled immediately. It is also alleged that the petitioner even after being warned by the police officers to stop instigating the villagers for giving a violent form the peaceful protest did not stop and kept arguing with the police officers. Thereafter, the impugned FIR dated 11.05.2025 was registered. 3. Learned counsel for the petitioner would submit that the petitioner is falsely implicated. He further submits that the impugned FIR is absolutely baseless, misconceived and frivolous.
He further submits that the present FIR was lodged after delay of 15 days and the reason for delay has also not been explained. He further submits that there is nothing to show that there is any ingredient with regard to the alleged offence against the petitioner and prays
3 fro quashment of the present FIR. 4. Per Contra, learned State counsel submits that the FIR was registered for offence punishable under Section 192 of the BNS Act, 2023 which relates to provocation with the intent to cause a riot and requires investigation. 5. We have heard learned counsel for the parties and perused the documents. 6. Prima-facie, this Court found that the FIR was registered by respondent No. 2 for offence punishable under Section 192 of the BNS. Further, perusal of FIR shows that specific allegation has been made against the petitioner who had provoked the peaceful protest done by the villagers and insisted them to cause obstruction to the public peace and tranquility by saying that they would not take a step back and was also instigating them to surround the police station and police headquarters to get their demands fulfilled immediately. 7. Considering the submissions advanced by the learned counsel for the parties; and further looking to the seriousness of the crime and alleged involvement of petitioners, this Court does not find any good ground to quash the FIR, at this stage. Accordingly, the instant CRMP is dismissed, at motion stage. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti