1 2025:CGHC:5252-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3547 of 2024 1 - Pooja Tiwari D/o Shri Madan Tiwari Aged About 37 Years R/o Shanti Bhawan, Navki Mod, Rajpur, Balrampur, Chhattisgarh, Presently R/o C/o Rajkumar Tiwari, House No. A/ 32, Mahamaya Park Colony, Mangla, Bilaspur, Chhattisgarh. 2 - Pratima Tiwari D/o Shri Madan Tiwari Aged About 40 Years R/o Sadbhavna Innovation Public School, Raghunath, Lundra, Ambikapur, Surguja, Chhattisgarh. Presently Behind Jaiswal Hotel, Raghunathpur, P.S. Lundra, District Ambikapur, Surguja, Chhattisgarh. 3 - Prashant Tiwari S/o Shri Madan Tiwari Aged About 35 Years Address- Shri Family Restaurant, Shanti Bhawan, Navki Mod, Rajpur, Balrampur, Chhattisgarh. R/o Presently Shanti Bhawan, Opposite C.S.E.B. Office, Village Nauki, P.S. Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The P.S. Kamleshwarpur, District Ambikapur, Surguja, Chhattisgarh. 2 - Pramod Seth S/o Late Rajendra Kumar Soni Aged About 44 Years Presently Working As Junior Engineer, C.S.P.D.C.L., Batauli, P.S. Batauli, District Ambikapur, Surguja, Chhattisgarh. Digitally signed by VEDPRAKASH DEWANGAN 2 3 - Naihar Sai Khokhsa S/o Shri Vijay Khokhsa R/o Majhapara, Narmadapur, Kamleshwarpur, Ambikapur, Sarguja, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Mr. N. Naha Roy, Advocate For Respondent/State : Mr. Shaleen Singh Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 29/01/2025 1. The petitioners have filed the present petition under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the FIR registered against them with the following prayer : “It is therefore reverently prayed that this Hon'ble Court may kindly be pleased to allow this petition and quash the FIR bearing No.: 29/2023 dated 08.05.2023 at PS: Kamleshwarpur, Dist.: Ambikapur (Surguja) (CG) (Annexure P/1) and absolve the petitioners, in the larger interest of justice.” 2. The present petitioners are the accused persons in the Crime No. 29 of 2023 registered at Police Station Kamleshwarpur, district Surguja for the offence under section 363 of IPC. The said FIR is registered on 08.05.2023 on the complaint made by the complainant Naihar Sai Khokhsa with the allegation that his minor daughter is kidnapped by the accused persons and kept her away from his lawful guardianship. The registration of the FIR has been challenged by the petitioners/ accused persons. 3. Vide order dated 06.01.2025, the Superintendent of Police, Surguja 3 was directed to file his personal affidavit with respect to the pending investigation for a period of more than 1 ½ years. On 17.01.2025, the concerned Superintendent of Police was further directed to file the fresh affidavit with respect to action taken by them, for which the investigation was pending. 4. In compliance of the order dated 17.01.2025, the Incharge Superintendent of Police, Surguja, placed Ambikapur as filed his affidavit stating therein that after investigation, a charge sheet has been submitted against the accused persons on 21.01.2025 for the offence under sections 75 and 79 of Juvenile Justice (Care and Protection of Children) Act, 2015 and section 14 of Child Labour (Prohibition & Regulation) Amendment Act, 2016. It is also submitted in the affidavit that the police officers who have kept the investigation pending have been punished for condemnation for their negligence in the investigation vide order dated 27.01.2025 (Annexure R/2). 5. At this stage, learned counsel for the petitioners would pray for disposal of the present Criminal Miscellaneous Petition reserving their liberty to avail the remedy available under the law against the said charge sheet submitted by the police. 6. In view of the above and on the submissions made by learned counsel for the petitioners, the present petition is disposed of with a liberty to the petitioners to take appropriate recourse available to them under the law. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved