1 2025:CGHC:49112-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2994 of 2025 Brajbhan Singh S/o Shyamlal Singh Aged About 61 Years Caste Kurmi R/o Block Colony Pratapur, P.S. Pratapur, District Surajpur C.G. Permanent R/o Village Padri Tahsil Tala- District Maihar (M.P.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Police Station E.O.W. And A.C.B. Raipur District Raipur C.G. 2 - Shivcharan S/o Ram Prasad R/o Village Podi, Tehsil Pratappur, District Surajpur C.G. ... Respondents For Petitioner : Mr. Rahil Arun Kochar, Advocate For Respondent No.1/State : Mr. Sanghrash Pandey, Deputy Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 25.09.2025 1. Heard Mr. Rahil Arun Kochar, learned counsel for the petitioner as well as Mr. Sanghrash Pandey, learned Deputy Government Advocate appearing for respondent No.1/State. BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR 2 2. The present petition has been filed by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers :- “1. That, this Hon'ble Court may kindly be pleased to quash the chargesheet bearing Final report no.28/2025 dated 1.08.2025 (Annexure P/1) in FIR no. 20/2025 dated 31.03.2025 registered in P.S E.O.W & A.C.B Raipur District Raipur (C.G) filed against Petitioner for the offence under section 7 of Prevention of Corruption act 1988 and Criminal Proceedings of Criminal case no. Spl Prevention of Corruption act 4/2025 pending before Special Judge (Prevention of Corruption act) Surajpur, District Surajpur (C.G) in the interest of Justice 2. That, this Hon'ble court may kindly be pleased to quash the order dated 20.08.2025 (Annexure P/2) taking cognizance of final report no.185/2025 by learned Special Judge (Prevention of Corruption act) Surajpur, District Surajpur (C.G) in the interest of Justice 3. Any other relief which this Hon'ble court deems fit and proper may also be granted to the petitioner in the interest of Justice” 3. The prosecution’s case, in brief, is that the complainant, Shivcharan, submitted a complaint before the Deputy Superintendent of Police, ACB, Ambikapur, alleging that his cousin Sheshman died on 05.09.2024 in village Navadih due to an elephant attack. Compensation amounting to Rs. 6 lakhs was sanctioned under the government scheme, out of which Rs. 3 25,000/- had been disbursed to the beneficiary by the Forest Department. For the remaining compensation amount, the Forest Range Officer, Forest Range, Pratappur, sought information from the Tahsildar, Pratappur, to ascertain the legal heirs of the deceased. For this purpose, the complainant approached the petitioner, who was posted at the Tahsil Office, where it was alleged that the petitioner, being a Government servant, demanded and accepted a bribe of Rs. 10,000/- in exchange for proposing the names of the legal heirs for compensation. Based on this complaint, a raid was conducted by ACB Ambikapur, District Surguja, on 28.03.2025, and FIR was registered as Crime No. 0/2025 at ACB Ambikapur, District Ambikapur under Section 7 of the Prevention of Corruption Act, 1988. Subsequently, the case was handed over for investigation to the Police Station E.O.W & ACB Raipur, District Raipur, where FIR was registered vide Crime No. 20/2025 for an offence under Section 7 of the Prevention of Corruption Act. 4. The Final Report No. 28/2025 was filed before the learned Special Judge (Prevention of Corruption Act), Surajpur, District Surajpur (C.G.) on 20.08.2025, whereby the learned Special Judge took cognizance of the final report. 5. The cousin of the deceased, namely Kalawati, has submitted an affidavit stating that the deceased was her younger brother who died on 05.09.2024. Being disabled, he was under her care, and 4 therefore, she is entitled to the compensation amount. The concerned Tahsildar has submitted a letter to the Forest Range Officer, Forest Range, Pratappur, District Surajpur (C.G.), stating that a letter dated 12.09.2024 was sent regarding the death of the deceased, Sheshman, due to an elephant attack. The legal heirs had applied for compensation, and as per the documents provided by Halka Patwari, the Tahsildar furnished the necessary information about the nearest heirs on 11.03.2025, well prior to the raid. Hence, this petition. 6. Learned counsel for the petitioner vehemently submits that the complaint, filed by the cousin of the deceased, namely Shivcharan, alleges that the petitioner, who was a Clerk in the Tahsil Office, Pratappur, was demanding Rs. 10,000/- to facilitate the payment of compensation to the legal heirs in relation to the incident in which the deceased died due to being struck by an elephant. It is further stated that on 11.03.2025, the names of the legal heirs had already been submitted by the Tahsildar, Pratappur, District Surajpur, to the Forest Range Officer, Forest Range, Pratappur, District Surajpur, a copy of which has been annexed as Annexure P-4. Therefore, it is argued that there was no occasion for the petitioner to demand a bribe. Additionally, it is submitted that a trap laid on 28.03.2025, based on the complaint, also failed. In light of these facts, it is prayed that the petition deserves to be allowed and proceedings deserve to be set aside. 5 7. We have heard learned counsel for the petitioner and perused the documents annexed with petition. 8. Considering that the complaint was made on 11.03.2025 and the submissions of learned counsel for the petitioner that the names of the legal heirs were already submitted by the Tahsildar, Pratappur, District Surajpur, to the Forest Range Officer, Forest Range, Pratappur, District Surajpur, and further noting that the trap operation was unsuccessful, this Court is of the opinion that such factual disputes cannot be adjudicated in exercise of its powers under Section 528 of the BNSS. The petitioner is, however, at liberty to file an appropriate application for discharge at the time of framing of the charge. 9. With the aforesaid observation, the petition stands dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu